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(영문) 대전지방법원 천안지원 2018.10.11 2018고단2152
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 1, 2018, the Defendant: (a) was driving a B-wing 3 truck under the influence of alcohol leveling 0.25% without a driver’s license, while under the influence of alcohol leveling 0.25%, in a section of about 1km from the road surface to the north-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-do, in light of the following: (b) on August 21, 2018.

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;

Nevertheless, Defendant 2 driven three freight cars, which were not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a non-exclusive license;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Scenic photographs;

1. The driver's license ledger;

1. A report on internal investigation (a statement of a reporter);

1. Investigation report (verification of CCTV near the control site);

1. A investigation report (STV image verification), CCTV images shots and photographs;

1. Investigation report (as a result of inquiry into whether to purchase mandatory insurance), and the application of Acts and subordinate statutes as a result of reply to registered places of business on a tent;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include that the defendant was sentenced three times to a suspended sentence due to the crime such as drinking, refusing to measure drinking, and driving without a license.

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