logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.06.05 2013고단432
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2013 Highest 432"

1. On May 4, 2007, the Defendant was issued a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Busan District Court, and on October 12, 2010, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions by being issued a summary order of 2.5 million won by the same court as the same crime.

At around 10:20 on January 3, 2013, the Defendant driven a car with approximately 50 meters in 20 meters, which was under the influence of alcohol with 0.084% of blood alcohol content.

"2013 Highest 432"

2. On March 25, 2013, at around 03:50, the Defendant driven a vehicle B options-out without obtaining a driver’s license on a section of approximately 200 meters from the road front of the Korean Island located in Seocheon-dong, Busan, Seocheon-do, Busan, to the road front of the Korean Island located in Seocheon-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to an investigation report (report accompanying a summary order);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles not covered by mandatory insurance), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of operating automobiles without obtaining a license), and choice of imprisonment, respectively;

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 (i.e., confession and reflect);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

arrow