beta
(영문) 부산지방법원 2015.02.09 2014고단9237

도로교통법위반(음주운전)등

Text

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

[Criminal Power] On August 10, 2010, the Defendant was issued a summary order of a fine of three million won at the Busan District Court for a violation of the Road Traffic Act (hereinafter referred to as the “Monk Driving”). On November 12, 2009, the Defendant was sentenced to a fine of one million won by the same court for the same crime.

【Criminal Facts】

1. Around 15:40 on November 15, 2014, the Defendant driven a b100cc albbb, while under the influence of alcohol with approximately 500% alcohol concentration of 0.15% without obtaining a driver’s license, from the road front of the Dogwon, located in Geumdong-dong, Busan, to the road front of the Dogwon, which is located in the Dogwon-dong, Busan, to the Dogwon-dong.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on the road which has not been covered by mandatory insurance;

Nevertheless, the Defendant operated the foregoing B B 100cc Orala, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, reports on the control of drinking and driving, reports on the actual state of drinking drivers, reports on the driving of drinking drivers, reports on actions for cancellation of driver's licenses, details of disposition for cancellation of driver's licenses, the ledger of driver's licenses, mandatory insurance, investigation reports (public announcement-related data delivery reports), notices of decision on revocation of driver's licenses,

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of sound driving records);

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

1. Imprisonment with prison labor chosen;

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

1. Suspension of execution;