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(영문) 대구지방법원 2018.07.25 2018고단562
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

On January 13, 2018, the Defendant driven C cargo at a distance of about 2 km from the 2k-distance off the galwing tunnel in Daegu Suwon-gu to the same sulfur distance without a vehicle driver's license on January 13, 2018, while under the influence of alcohol of 0.252% during blood.

On July 28, 2017, the Defendant was issued a summary order of KRW 5 million by the Daegu District Court for a violation of the Road Traffic Act (drinking). On February 12, 2018, the Defendant was charged with the same crime under the Daegu District Court 2018 Highest 562.

1. On April 3, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on two or more occasions, and once again drive Cpoter cargo under the influence of alcohol with a maximum of about 1k alcohol content of 0.223%, without a driver’s license, from the road near Daegu-gu, Daegu-ro 59-ro, Daegu-ro, 45 on April 3, 2018 to the road near the 497 large-ro, 497, in the same Gu-ro, while driving the Cpoter truck under the influence of alcohol without a driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the defendant operated the freight truck which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

"2018 Highest 562"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. "Register of driver's licenses": "2018 Highest 2775";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: References to criminal history, application of investigation reports (the same type of criminal suspect and previous convictions, etc.);

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

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