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(영문) 부산지방법원 2012.11.16 2012고합863

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. At around 02:00 on June 30, 2012, the Defendant driven a vehicle with an engine displacement of about 200 meters without a license for alcohol or without a license for alcohol or without a license for alcohol or for about 00 meters from the front day of the same process to the front day of the three-dimensional distance of the same process, the Defendant driven a vehicle with an engine displacement of about 0.208% under the influence of alcohol without a license for a motorcycle driver’s license for alcohol or without a license.

2. The Defendant, who was not mandatory insurance, operated the above Oral Ba, which was not covered by mandatory insurance, at the time, at the above location and place.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to notify owners of non-reported (unregistered) or non-registered land;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act which are heavier than the punishment) ;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) the Defendant was sentenced to a fine on one occasion due to a drunk driving, etc. without a license, two occasions due to a drunk driving, etc.; and (b) four times due to a drunk driving, etc. on June 28, 201; and (c) the Defendant was sentenced to an imprisonment for six months due to a driving without a license for driving a motor vehicle and for two years of a suspended sentence and was in the period of the suspended sentence.