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(영문) 청주지방법원 영동지원 2017.09.14 2017고단72
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2017, the Defendant: (a) driven a B-type truck without a driver’s license while under the influence of alcohol concentration of about 0.145% from the section of about 1km to the front road of the same Eup/Myeon/Dong-gu Yacheon-gun, Sincheon-gun, Sincheon-gu, Sincheon-gu, Sincheon-do, Sincheon-do, the Defendant driven a B-type truck without a driver’s license, while under the influence of alcohol concentration of about 0.145%.

2. Although the Defendant violated the Guarantee of Automobile Compensation Insurance Act, he/she should not operate a motor vehicle on the road, he/she operated the foregoing motor vehicle, which is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of 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);

2. 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).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act / [unfavorable circumstances] The Defendant was punished for the crime of drinking alcohol driving in 2015, but again, committed the instant crime of drinking alcohol driving, and the alcohol concentration level of drinking driving was considerably high.

In addition, on May 30, 2017, the previous crime of driving without a license was issued on May 30, 2017, and the crime of driving without a license of this case was committed only two days, and thus, the traffic laws and regulations are concerned.

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