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(영문) 대전지방법원 천안지원 2017.11.16 2017고단2153
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant also is the owner of the bandon truck.

On May 2, 2017, the Defendant was under the influence of alcohol content of 0.086% in blood without obtaining a driver’s license of a motor vehicle, and without having bought mandatory insurance, the Defendant driven a bit-line truck between B 70km in the 3 tunnel section of approximately 70km to the road in the 3 tunnel.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site map, and on-site photograph;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Inquiry into information on non-performance of mandatory insurance, and inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (1) 3, Article 44 (1) of the Road Traffic Act, Article 152 (1) 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 concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of violating Road Traffic Act and the crimes of violating Road Traffic Act (non-licenseed Driving);

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following circumstances: (a) the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) the reason why the Defendant was drinking and the reason why the sentence was imposed; (c) the Defendant’s criminal record of drinking; (d) the Defendant’s criminal record of driving without a license four times; and (d) the criminal record of violating the Guarantee of Compensation for Motor Vehicles: (c) the Defendant’s criminal record of violating the Guarantee of Compensation for Motor Vehicles Act appears to be habitually driving a motor vehicle with no license, driving without a license, or driving without mandatory insurance as stated in the criminal record; and (d) the circumstances leading up to the Defendant’s assertion (it is necessary to drive a motor vehicle with a high-ranking disability) cannot be justified; and (d) the Defendant

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