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(영문) 대구지방법원 포항지원 2020.02.13 2019고단986
자동차손해배상보장법위반등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 20:40 on August 2, 2019, the Defendant driven an E rocketing car without obtaining a driver's license, from around 50 meters from 3rd to 3rd road in South-gu, Nam-gu, Mapo-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

On July 20, 2018, the Defendant received a summary order of KRW 2 million as a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) from the Port Branch of the Daegu District Court on July 20, 2018, and on February 15, 2019, the same court received a summary order of KRW 3 million due to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On September 7, 2019, the Defendant was under the influence of alcohol at 0.138% of alcohol level without obtaining a driver’s license at around 03:36 on September 7, 2019, the Defendant driven the E rocketing car from the front of G in the north-gu, 0.138% of alcohol level at the port to the front of the Ik point in the same Gu H, from around 1km to the front of the Ik point in the same Gu.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a rocketing car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car not covered by mandatory insurance at approximately 1 km section from the front of G in North-gu, North-gu, to the front of the I heading point in the same Gu H, at the port of port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses, mandatory insurance, and making inquiries into the car ledger;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 of the Road Traffic Act concerning criminal facts;

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