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(영문) 부산지방법원 2015.02.09 2014고단9862

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. On August 19, 2008, the Defendant is a person who is engaged in the duty of driving Bhoby a fine of KRW 700,000,000 for a violation of the Road Traffic Act at the Busan District Court on August 19, 2008, and a person who is sentenced by the same court on May 28, 2014 to a summary order of KRW 2 million for the same crime.

On September 15, 2014, at around 03:10 on September 15, 2014, the Defendant driven a franchise-free car with a blood alcohol concentration of 0.138% under the influence of alcohol without obtaining a driving license from the place where the Busan Dong-dong was not located in the Busan Dong-dong, Busan to the front of the Busan Dong-dong.

B. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car who is subject to mandatory insurance.

On September 15, 2014, the Defendant did not subscribe to mandatory insurance for the said car, and operated the said car on the front side of the Busan Dong-dong, Busan, Dong-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident reports, investigation reports (on-site conditions), principal-employed drivers' reports, driver's licenses register, and mandatory insurance associations;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act is against the defendant, and the defendant is punished in excess of a fine for not less than the last ten years.