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(영문) 전주지방법원 정읍지원 2017.11.02 2017고단314
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 27, 2017, the Defendant driven C truck under the influence of alcohol concentration of about 0.110% without obtaining a driver’s license from around 3km to around the road in front of the Defendant’s residence located in the northwest-gun B of the former Northwest-gun of the Republic of Korea on July 27, 2017.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who owns C Freight Vehicles.

Although the Defendant was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, the Defendant operated the motor vehicle without purchasing mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 2, 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) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile 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. Suspension of execution under Article 62 (1) of the Criminal Act (a favorable consideration, such as the reflection of errors, the driving of compliance, and the absence of previous convictions exceeding fines);

1. Protective observation, Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection;

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