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(영문) 부산지방법원 2020.02.19 2019고단5535

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On May 23, 2014, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court, etc. on June 11, 2013, to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court, etc. on August 11, 2013, to a fine of 5 million won for a violation of the Road Traffic Act (refluence) at the Busan District Court on August 8, 2008, and a fine of 5 million won for a violation of the Road Traffic Act (refluence) at the Busan District Court on August 9, 2007.

【Criminal Facts】

1. At around 17:10 on October 26, 2019, the Defendant driven the E-to-land under the influence of alcohol level of 0.203% without obtaining a motor vehicle driver’s license from a section of about 2km from the front of the Busan B market to the front of the D hospital located in the Busan East-gu, Busan, the U.S., and driving of the E-to-land under the influence of alcohol level of 0.203%.

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

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Inquiry into mandatory insurance;

1. Photographs of an accident vehicle;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to inquiry reports, investigation reports, investigation reports, and investigation reports (report on attachment of the same kind of power);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. Violation of the Road Traffic Act in Articles 40 and 50 of the Commercial Concurrent Crimes Act.