(영문) 부산지방법원 서부지원 2018.07.20 2018고단786



A defendant shall be punished by imprisonment for six months.


Punishment of the crime

On July 7, 2006, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking), etc. at the Busan District Court’s Dong Branch, and on August 28, 2017, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions by having been sentenced to a fine of KRW 4 million due to the same crime, etc. at the Changwon District Court, and on November 14, 2014, the Defendant completed the execution of the sentence at the Busan District Court on December 31, 2015.

1. On March 18, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving at around 13:30 on March 18, 2018, the Defendant driven 49 CCF without obtaining a motor device license in the 2km section of approximately 0.151% of alcohol concentration in blood at around 2km from the mouth-dong in the city of the Changnam-gu, Seoul Special Metropolitan City to the Busan Metropolitan City, which is divided into Busan Gangseo-gu, to the front side of the terminal in Busan Gangseo-gu.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of an objection to 49cc.

No one may operate a motor vehicle on a road which is not covered by mandatory insurance except for the motor vehicles prescribed by the Presidential Decree, but the accused, at the same time and place as that of paragraph (1), has driven 49 c occ without a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on detection, such as a failure to file a report on ozone layer;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), and report on investigation (crimes during the period of a criminal repeated offense) to Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes