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(영문) 부산지방법원 동부지원 2018.08.23 2018고단888
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2008, the Defendant issued a summary order of a fine of two million won or more for a violation of road traffic law at the Busan District Court's Dong Branch branch on December 22, 2008, and on September 6, 2010, for a violation of road traffic law at the Ulsan District Court's jurisdiction on September 6, 201.

1. On April 21, 2018, the Defendant was under the influence of alcohol level of 0.068% in blood around 23:01, the Defendant driven a 1km car at approximately 1km prior to the road in front of the pacton road located in the coast of the Eup/Myeon in the captain of the Busan-gun, Busan-gun, to the front of the pacton road in front of the same Eup/Myeon.

2. The Defendant is the owner of a passenger car with B low-priced car liability.

No person shall operate any motor vehicle on a road which is not covered by mandatory insurance prescribed by the Guarantee of Automobile Compensation Insurance Act.

At the temporary location of Paragraph 1, the Defendant operated the above B low-priced car that was not covered by mandatory insurance as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries to a request for appraisal, a written appraisal of alcohol during blood, a report on the circumstances of the driver in charge, an investigation report (report on the circumstances of the driver in charge), inquiry into the results of crackdown on driving of drinking, notification of the results of crackdown on driving of drinking, and inquiry into the mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes, such as a response to inquiries, reporting on the minor convictions and results of dispositions, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (or choice of imprisonment with prison labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a driving under the influence of alcohol without insurance, and the crime is committed.

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