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(영문) 부산지방법원 2020.12.24 2020고단3879
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a person who has driven a unregistered 125cccc.

1. On April 2018, the Defendant violated the Automobile Management Act, illegally used air units, and illegally used air units, etc.: (a) attached the number plate, which was cancelled for the purpose of exercising it in front of the Busan Dong-gu, Busan, as if he were duly delivered to the Defendant; and (b) exercised the illegally used air units by operating the Japanese unit, etc. in Busan, from around that time to August 15, 2020.

2. On August 15, 2020, around 04:42, the Defendant violated the Road Traffic Act ( sound driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the “Act”), the Defendant operated an off-to-land which was not covered by mandatory insurance, with a distance of about 30 meters from the road front of the E-cafeteria located in Busan Dong-gu, Busan to the road front of the same Gu F apartment at approximately 0.190% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Investigation report (Attachment to the register of two-wheeled automobiles);

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act, Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 78 (2) and Article 71 (1) of the Automobile Management 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (i.e., that there is an error and no previous violation after 191), the suspension of execution, etc.;

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