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(영문) 부산지방법원 동부지원 2013.12.30 2013고단3048

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On March 3, 2003, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving), etc. at the Sungwon District Court's Sungnam Branch's branch on July 6, 2006, and sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving), etc. at the Busan District Court's Busan District Court's branch on November 16, 2007, and notified the Busan District Court of a summary order of 4 million won for a violation of the Road Traffic Act (driving). On May 26, 2010, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (driving). On April 6, 2012, the Defendant completed the execution of the detention house on February 2, 2013.

Criminal facts

1. On October 8, 2013, at around 06:30, the Defendant driven Cpoter flusing cargo at a level of about 300 meters alcohol concentration from the front of the first apartment of the 1st apartment, which is located in the Donsan-gun, Busan, the Donsan-gun, to the front of the Donsan-gun, and the front of the Donsan-do, while under the influence of alcohol concentration of about 0.150%.

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

Nevertheless, the Defendant, as the holder of the cargo vehicle listed in Paragraph (1) as the mandatory insurance holder, operated the cargo vehicle without purchasing mandatory insurance at the time and place specified in Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into mandatory insurance;

1. A protocol concerning the examination of suspect against the defendant using the users of a drinking measuring instrument;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (former and confirmative reports, and confirmation reports at the end of execution of punishment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each type of punishment;

1. Aggravation for repeated crimes;