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(영문) 부산지방법원 2020.01.16 2019고단5507
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 03:19 October 2, 2019, the Defendant was driving a two-wheeled vehicle without a license plate in the state of 0.208% of blood alcohol concentration at the section of about 2km from the road near C, located in Busan East-gu, Busan, to the roads in front of D apartment in Busan-gu. In addition, the Defendant driven a two-wheeled vehicle without a license plate in the state of alcohol concentration of about 0.208%.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle which has not been covered by mandatory insurance;

The Defendant driving a two-wheeled automobile under the above Paragraph (1) that was not covered by mandatory insurance at the time and place specified in the above Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to an investigation report, the report on circumstances of a drinking driver, and the control of drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are against the defendant, there is no record of punishment exceeding the same kind of punishment power and fine, and other factors such as the defendant's health condition and age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account the following factors:

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