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(영문) 대전지방법원 천안지원 2018.04.27 2018고단97
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. No owner of any motor vehicle violating the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road, which is not covered by mandatory insurance;

However, on October 30, 2017, the Defendant operated Cran-car without mandatory insurance on the front apartment road, up to the limit of 145, 19:15, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, 2017.

2. Around the same time and time as paragraph (1) of this Article, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving of alcohol) operated a Clater vehicle while under the influence of alcohol for about 0.176% of alcohol concentration in the blood without a driver’s license from the front of a restaurant in which it is impossible to identify the trade name near the Sung-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon to the front of an apartment building with the same sex of about 145 meters in front of the apartment road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a report on the occurrence of a traffic accident, a report on the circumstances of the driver at the main driver, and an investigation report (a report on the circumstances of the driver at the main

1. Notification of the result of crackdown on driving alcohol;

1. Mandatory insurance inquiry (C) and the driving license ledger (A);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 46 (2) 2 of the Act on the Guarantee of Compensation for Damages Caused by Motor Vehicles, the main sentence of Article 8 (Operation of Motor Vehicles without Mandatory Insurance), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 (Operation without License) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has already violated the Road Traffic Act prior to the instant case.

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