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(영문) 부산지방법원 2020.03.25 2020고단257

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On July 24, 2013, the Defendant issued a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on July 24, 2013, and on September 30, 2019, the Defendant issued a fine of five million won for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s East Branch Branch Branch.

On December 31, 2019, the Defendant, without obtaining a license for a motorcycle at around 17:00, driving a Obaba in front of the Defendant’s house located in Busan Southern-gu, with approximately KRW 5.6km in front of the “D” in the same city, from approximately 5.6km to the front corner of the “D” located in Jung-gu, Busan-gu, the Defendant continued to drive a Obabababa, which is the same at a distance of about 3km from around 18:18 to about 0.109% of the blood alcohol concentration in Busan-gu, Busan-gu, while under the influence of alcohol of about 0.10% of the same day.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice without obtaining a motorcycle license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the same time and place as described in paragraph 1, operated a 125cc test flab on the road, which was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, the register of driver's licenses, and notification on the violation of the Automobile Management Act (unregistered two-wheeled automobiles);

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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. Selection of each sentence of imprisonment;

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

1. Discretionary mitigation;