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(영문) 부산지방법원 동부지원 2016.10.17 2016고단315

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 16, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch on March 16, 2006. On June 12, 2007, the Defendant sentenced the same court to eight months for a violation of the Road Traffic Act (driving) and sentenced to one year and six months for a violation of the Road Traffic Act (driving) in the same court on April 17, 2008. On January 23, 2015, the Defendant issued a summary order of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch Branch of the Busan District Court, and on January 14, 2011, the Defendant completed the execution of the sentence by the Daegu Prison Prison prison on June 30, 2014.

Criminal facts

1. On September 14, 2015, the Defendant violated Article 44(1) of the Road Traffic Act more than twice as seen above, and driven a car by re-afusing C in a state of alcohol alcohol concentration of approximately 0.117% from the section of about 150 meters, from the section of about 150 meters, to the 3-lane apartment complex in front of a restaurant cafeteria in Yangsan-si, Yangsan-si. < Amended by Act No. 13183, Sep. 14, 2015>

2. Any person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, and the defendant is a holder of a motor vehicle C again.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place, such as the foregoing Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification of past records, such as the abandonment of a suspect's body), identification and confinement status of each individual, and application of a copy of judgment to one statute;

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose the penalty;