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(영문) 부산지방법원 2019.01.08 2018고단4474
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On May 29, 2007, the Defendant issued a summary order of KRW 5 million at the Busan District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million at the same court on January 18, 2018 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On September 20, 2018, the Defendant driven an ENEW EF rocketing car under the influence of alcohol without a vehicle driver’s license from around 1.5km to the roads located in Busan Jin-gu B to approximately 1.5km from the roads located in Busan Jin-gu, Busan to the roads located in the D apartment in Busan Jin-gu, Busan.

As a result, the Defendant, while under the influence of alcohol not less than twice, once again driven the said car without obtaining a driver's license in the influence of alcohol even though he had a history of punishment.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road on which the mandatory insurance provided in the Guarantee of Automobile Accident Compensation Act is not subscribed;

Nevertheless, the Defendant, as a holder of the EEW EF rocketing, operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to criminal records of the same kind as the suspect's judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of driving sound), subparagraph 1 of Article 152, Article 43 (a) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operating automobiles which are not mandatory insurance);

1. The provisions of Articles 40 and 50 of the Criminal Act shall apply to the ordinary concurrent crimes (the crimes of violation of each Road Traffic Act at the time of the market).

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