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(영문) 부산지방법원 동부지원 2018.09.06 2018고단1239

도로교통법위반(음주운전)등

Text

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

1. On April 22, 2018, the Defendant driven D 124CC, without a motor device bicycle driver’s license, in a state of alcohol alcohol concentration of about 0.289% from the front side of the Busan-gu building B to the same Gu, around 09:39, around April 22, 2018.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating an Oral Ba which has not been covered by mandatory insurance on the road, but the Defendant operated the said Oral Ba which has not been covered by mandatory insurance at the time and place specified in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, reporting on the situation of driving without a license, reporting on the circumstances of driving without a license, the circumstantial statement of the driver with a driving without a license, an investigation report (report on the circumstances of the driver with a driving without a license), the ledger of driver's licenses for automobiles

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 2, 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) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act by an order to attend a lecture or an order to attend a community service order is deemed to have driven under the influence of alcohol without a license or insurance, and the nature of the crime is not good, the degree of the principal practice is very high, and the defendant was sentenced to a suspended sentence for two years in October on August 22, 2016 by this court on the grounds of a violation of the Road Traffic Act (dacting driving), and the judgment became final and conclusive on August 30, 2016, and without being aware of it during the period of the suspended sentence.