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(영문) 대구지방법원 영덕지원 2018.11.21 2018고단133
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

On July 11, 2014, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on December 15, 2014, respectively.

1. On March 28, 2017, the Defendant was driving a DPoter spop-down truck with a blood alcohol concentration of about 0.141% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front side of the two cities located in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, to the front side of the west-do in the same east-do. In addition, the Defendant driven a Dpoter spop-down truck with a 0.141% breath under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant driving the above cargo vehicle which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Inquiries by residents, notification of the results of regulating drinking driving, report on the circumstances of driving at home, ledger of driver's licenses for motor vehicles, inquiry into the main office, inquiry into the attachment of any motor vehicle, and inquiry into the mandatory insurance;

1. Previous convictions in judgment: A criminal investigation report (Attachment to the same type of power), the results of inquiry, and the application of statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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