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(영문) 광주지방법원 2018.04.12 2018고단99
도로교통법위반(음주운전)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 7, 2017, the Defendant was under the influence of alcohol by 0.162% in blood without a vehicle driver’s license on December 19:20, 201, and the Defendant driven B Poter in the section of approximately 8km from the road located in the front of the postal restaurant located in the same area as that of the road located in the same area, from the road located in the Hacheon-gun, U.S. East-gun, U.S. East-gun, U.S. to the road located in the same area.

2. No owner of any motor vehicle which violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle which has not been covered by mandatory insurance of the motor vehicle;

Even so, Defendant 1 operated the foregoing cargo truck, which was not covered by mandatory insurance at the same time and at the same place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of a report on detection of drivers engaged in driving and crackdown on drinking;

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 relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation 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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant, while drinking alcohol, was driving a motor vehicle without a driver’s license, even though his/her driver’s license was revoked due to his/her drinking.

Moreover, the Defendant did not purchase a mandatory insurance policy, which is a minimum security to compensate for damages caused by a traffic accident.

Considering the power of the defendant punished for drinking driving or driving without a license, the interval between the crime of this case after being punished for last drinking, etc., imprisonment shall be selected at this time.

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