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(영문) 부산지방법원 동부지원 2018.05.03 2018고단317

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch Branch, and on April 20, 2016, a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Yeongdeungpo Branch Support of the Daegu District Court.

1. 도로 교통법위반( 음주 운전), 도로 교통법위반( 무면허 운전) 피고인은 이와 같이 도로 교통법 제 44조 제 1 항을 2회 이상 위반한 사람으로, 2018. 2. 18. 20:13 경 부산 기장군 일광면 삼성 리에 있는 바다 파출소 앞 도로에서부터 부산 기장군 일광면 삼성 리에 있는 퀸 카페 앞 도로에 이르기까지 약 70m 구간을 자동차 운전면허 없이 혈 중 알코올 농도 0.183% 의 술에 취한 상태로 B K5 승용차를 운전하였다.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the said K5 car that was not covered by mandatory insurance, such as paragraph 1, at the same time and at the same place as that of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving of a vehicle on the driving of a vehicle, making a statement of the situation of the driver at the vehicle, making an investigation report (report on the circumstances of the driver at the vehicle), making on-site photographs, notifying the results of crackdown on driving of alcohol, making

1. Previous convictions: Inquiries about criminal history and the application of investigation reports (verification of the history of punishment for drinking at least twice) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an non-insurance motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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