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(영문) 부산지방법원서부지원 2020.10.08 2020고단1039
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 Power] On November 18, 2019, the Defendant was issued a summary order of a fine of seven million won at the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a holder of 124cc Orala, who does not have a license plate, in violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license).

At around 22:00 on February 10, 2020, the Defendant, without obtaining a license for a motorcycle from the Do near the windowpande of the trade name, which is located in the Kimhae-si, Kim Jong-si, to the front road of the Busan Gangseo-gu C Association located in Gangseo-gu, and entered about 0.112% of the blood alcohol concentration as 0.155% of the indictment. However, the Defendant calculated the blood alcohol concentration at the time of drinking by falsely 0.12% of the evidence No. 12, which served as the basis for the above numerical value, as the evidence No. 12, the “Calculation of blood alcohol concentration at the time of drinking.”

According to the calculation method of No. 12 of the evidence list, the measured values recognized by evidence are 0.112%.

The driver was driven under the influence of alcohol.

2. On February 10, 2020, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the Defendant driven the automobile, which was not covered by mandatory insurance from around 1km section to the road front before the Busan Gangseo-gu C Association located in Gangseo-gu, from the Do adjacent to the windowpane-dong, Kimhae-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes confirming the suspect's drinking records;

1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic 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.

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