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(영문) 부산지방법원 2017.02.01 2016고단4454

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 5, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Busan District Court on December 5, 2007, and was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act at the Ulsan District Court on February 7, 2014.

1. On July 30, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), who violated the provision on prohibition of drinking under the Road Traffic Act more than twice. On July 30, 2016, the Defendant driven a motor vehicle with a level of 0.145% alcohol concentration in the blood alcohol level without obtaining a driver’s license from the front side of a hot spring resort located in the hot spring dong-gu, Busan Metropolitan City on the same day to the front side of the Songpo-dong, Busan Metropolitan City on the day from July 30, 2016 to the front side of the Busan Metropolitan City, Seopo-dong, Busan Metropolitan City on the day from July 30, 2016.

2. No owner of an automobile who has violated the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;

Nevertheless, the defendant operated a car in the E-K page owned by the defendant who did not subscribe to mandatory insurance at the same date, time, and place as the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (Attachment to inquiries into information not covered by mandatory insurance);

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, an inquiry report (the previous summary order and attachment of the judgment) and statutes;

1. Articles 148-2(1)1, 44(1)1, 152 subparag. 1, and 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operating a mandatory insurance business);

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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount.