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(영문) 제주지방법원 2016.12.23 2016고단2442
도로교통법위반(무면허운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes committed on May 7, 2016;

A. On May 7, 201, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.136% on May 16, 201, the Defendant driven CM3 car owned by the Defendant in the section of approximately 1km from the 1km away from the Sinpo-dong, Seopo-si to the distance near the same Sinpo-dong SM3 car under the influence of alcohol concentration of 0.136%.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said car that was not covered by mandatory insurance at the time and place specified in the foregoing paragraph.

2. Crimes committed on June 25, 2016;

A. On June 25, 2016, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) without obtaining a driver’s license, while under the influence of alcohol of 0.310% by blood alcohol concentration at around 15:50%. On June 25, 2016, the Defendant driven the automobiles described in the said paragraph (1) at the same 1km section from around 1k-ro, 109-ro, 41 in front of GS25 points located in Seopo-dong at Seopopo-dong.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act, driving the said car, which was not covered by mandatory insurance at the time and place specified in the above 2-A.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of each host driver (investigative records, No. 1, No. 8, No. 3, No. 5 pages);

1. Inquiry into the result of the crackdown on drinking driving;

1. The mandatory insurance policy and the non- mandatory insurance information policy;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes in written statements prepared D;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 1 and 2, and Article 44 (1) of the Road Traffic Act (the point of driving without a license), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (the point of operating without an insurance vehicle);

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

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Statement of the reasons for sentencing under Article 62(1) of the Criminal Act.

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