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(영문) 대구지방법원 2017.12.14 2017고단4746
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2017, the Defendant driven C non-pack 2 occ under the influence of alcohol concentration of about 0.275% in the blood without a bicycle driver’s license from a place where it is impossible to know the place not exceeding the south-do north-do Gyeong-do Gyeong-do on the border of around 15:20 on July 29, 2017 to the front road of the new church located 408 at the same time at the same time.

2. Although the Defendant was prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the C bpppack 2, which is not covered by mandatory insurance at the date and time and place specified in 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the Defendant was under influence of alcohol with 0.275% alcohol concentration in blood without a license and operated the mandatory insurance, and the Defendant was not indicted, but the risk of driving by causing a traffic accident causing physical damage during driving of alcohol and the risk of driving is realized, and there was a history of punishment once as a fine for driving under the influence of alcohol in 2015 (0.228% in alcohol concentration in blood at the time).

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