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(영문) 부산지방법원 동부지원 2020.01.08 2019고단1445
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On January 23, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court, and on June 21, 2018, the above court received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around July 12, 2019, the Defendant, who violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) had the power to be punished for driving under the influence of alcohol as above, the Defendant driven a 125 cc non-fluorine drive without a license plate at approximately 200 meters from the front side of Suwon-gu, Busan to the front side of the road of the Gu, Suwon-gu, Busan, to the front side of the road of the Gu, without obtaining a license for a driver’s license.

2. A 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, but the defendant has driven the motor vehicle on the same date and at the same place as referred to in the preceding paragraph and without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Making a report on the control of drinking driving;

1. Records of judgment: Results of inquiry and application of Acts and subordinate statutes on the same kind of electric power;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The sentence of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes shall be heavier;

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