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(영문) 부산지방법원 동부지원 2017.05.25 2017고단70

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On October 15, 2007, the Defendant received a summary order of KRW 2,50,000,000 from the Busan District Court Branch to a fine for a violation of the Road Traffic Act (drinking), and on November 28, 2014, in the same court, the Defendant received a summary order of KRW 5,00,000 from the same court as a crime of violating the Road Traffic Act (drinking).

1. On October 2, 2016, the Defendant: (a) violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license); (b) driven a C Car under the influence of alcohol with approximately 0.092% alcohol concentration in blood without obtaining a driver’s license from the front of Liber apartment apartment located in the Busan metropolitan traffic Daegu-gu, Busan Metropolitan City to the front of the backway located in the same Gu, and without obtaining a driver’s license from around 4km section; and (c) drive a C Car under the influence of alcohol level of about 0.092% in blood.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving a car with CF car not covered by mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on driving of alcohol, reports on the circumstances of drivers, inquiries into the ledger of drivers' licenses, inquiries into mandatory insurance, and inquiries into the chassis;

1. Previous convictions: Application of a written inquiry about criminal history, a written investigation report (the previous judgment and attachment of a summary order) and 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 each sentence of imprisonment;

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) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act provides that the following sentencing is more favorable.