logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2021.01.12 2020고단2515
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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 history] On January 4, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court.

[Criminal facts]

1. Around September 1, 2020, the Defendant, at around 01:30 on September 1, 202, driven a DPHEEON vehicle in front and rear about 4 meters under the influence of alcohol concentration of 0.14% in blood at the Busan Seo-gu B C parking lot.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at around 01:30 on September 1, 2020, operated DHEON vehicles without purchasing automobile mandatory insurance as described in the foregoing paragraph (1).

Summary of Evidence

1. Investigative into the defendant's legal statement report on the circumstances of the driver who takes the driving of alcohol, inquiry into the results of crackdown on drinking driving, and inquiry into whether the defendant has subscribed to insurance for the vehicle under consideration;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments attached thereto);

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (the point of operating a vehicle with no mandatory insurance) of the Guarantee of Automobile Compensation Act, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act aggravated punishment of concurrent crimes of imprisonment for each term;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) even though the Defendant had been punished for the crime of violating the Road Traffic Act on three occasions including the previous judgment, he/she again drives the instant drinking and operated a motor vehicle which is not covered by liability insurance, and there is a high possibility of criticism in light of the risk of non-driving of drinking and liability insurance.

In fact, the Defendant.

arrow