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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단538
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2017 Height 538] The Defendant is a person who drives the above vehicle as the owner of Bpoter vehicle.

1. On December 27, 2016, the Defendant violated the Road Traffic Act (drinking) driven the vehicle above at a speed of 1 to 2 meters in front of the exit 1436 Jeju-ro 1436 Jeju-ro, Seoyang-gu, Goyang-gu, Goyang-si, under the influence of alcohol content of 0.20% during blood transfusion at around 15:30 on December 27, 201.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

On December 27, 2016, from around 15:30 to 15:30, the Defendant operated the Poter vehicle without purchasing mandatory insurance with approximately approximately 40 km section from the 1436 km to the rear side of the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

[2017 Highest 1042] On March 24, 2017, the Defendant driven B-type cargo vehicles under the influence of alcohol value of 0.074% while under the influence of alcohol value during blood without a driver’s license, instead of purchasing a mandatory motor vehicle insurance policy for about 11 km from Japan-dong-dong-dong-dong-dong-dong-dong-si to 198-1, the same direction of driving from Japan-dong-dong-dong-dong-si to 198-1.

Summary of Evidence

[2017 Highest 538]

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and inquiry into mandatory insurance (B)

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, making a statement on the situation of the driver of drinking, obtaining a driver's license register, and applying mandatory insurance-related statutes;

1. Articles 148-2 subparag. 1, 44 subparag. 1 (the blood alcohol concentration of 0.200%) and 148-2 subparag. 3 and 44(1) (the blood alcohol concentration of 0.74%) of the Road Traffic Act concerning facts constituting an offense, Articles 152 subparag. 1 and 43 (the point of driving without a license) of the relevant Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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