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(영문) 부산지방법원 2015.08.19 2015고단3564
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

On December 7, 2007, the Defendant issued a summary order of KRW 300,000,000 as a fine for a violation of the Road Traffic Act (non-licenseless Driving) at the Busan District Court's branch branch court on June 20, 2008, a fine of KRW 300,000,000 as the same crime in the same court on November 16, 2009, a fine of KRW 1.50,000 as a fine for a violation of the Road Traffic Act (non-licenseless Driving), a violation of the Road Traffic Act (non-licenseless Driving) at the Busan District Court's Busan District Court's Busan District Court's Branch branch court on August 13, 2012.

Criminal facts

1. At around 23:05 on April 27, 2015, the Defendant driving a two-wheeled motor vehicle without a license for a motorcycle at a section of about 50 meters from the front side of the Hanyang Apartment apartment in Busan East-dong to the front side of the village in the East-dong, and under the influence of alcohol concentration of 0.197%, while under the influence of alcohol, the Defendant driven a two-wheeled motor vehicle without a license for a motorcycle.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant operated a two-wheeled automobile not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses, details of revocation of driver's licenses, reports on detection of driver's licenses, and reports on circumstantial statements of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 of the Criminal Act:

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