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(영문) 서울남부지방법원 2017.04.27 2016고단4739 (1)
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment for six months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 4739"

1. Around 00:30 on June 21, 2016, the Defendant driven a 125 studio, without a motor device license, on the section of approximately 600 meters from the front of the 1st century, which is located in the Soloari-dong, Geumcheon-gu Seoul Metropolitan Government, from the front of the 75-lane 40, the “Ilsan-ro,” to the front of the 600-lane.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, and the Defendant operated a unregistered diverse 125 diverse, which is not covered by mandatory insurance at the same time and place as paragraph 1.

"2017 Highest 1034"

3. On December 19, 2016, at around 08:50, the Defendant driven a motor device license with an alcohol content of about 1 km from the 1km section around the 4 Dong community service center located in Geumcheon-gu Seoul Metropolitan Government to the road near the Southern Women's Development Center located in the same Gu, Geumcheon-gu, Seoul Metropolitan Government, without obtaining a motor device license, while under the influence of alcohol content of about 0.163%.

Summary of Evidence

[2016 Highest 4739]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police officer against U;

1. Statement protocol of the police concerning V;

1. Registers of driver's licenses (Investigation Records No. 94) / [2017 Height 1034];

1. Statement by the defendant in court;

1. Application of the detailed statement report, certificate of drinking alcohol measurement, ledger of driver's license, and Acts and subordinate statutes governing the scene of accident;

1. Subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the operation of an automobile which is not mandatory insurance);

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

1. As to the selective punishment for any crime violating the Traffic Act (unlicensed Driving), a fine shall be imposed, and the remaining crimes shall be punished by imprisonment;

1. Aggravation concurrent crimes;

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