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(영문) 부산지방법원 2017.09.25 2016고단4123
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Power of crime] On October 7, 2015, the Defendant was sentenced to a suspended sentence of one year to imprisonment with labor for special larceny, etc. at the Busan District Court’s branch branch branch, and on October 15, 2015, the above judgment became final and conclusive on October 15, 2015, and was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court’s Busan District Court’s Branch on December 12, 2013, and a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court’s Dong Branch on June 22, 2015, respectively.

[Criminal facts]

1. On July 3, 2016, the Defendant was under the influence of alcohol leveling 0.10% of alcohol leveling from the distance of about 1km to the global lending mileage road located in the same Dong and located in the drive of the Busan-gu, Busan-do on July 3, 2016 without obtaining a driver’s license, and the Defendant was under the influence of alcohol leveling 0.10% of alcohol leveling from the distance of about 1km to the roads located in the same Dong.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, but the Defendant operated the motor vehicle B, which is not covered by mandatory insurance, at the same time and place as that of the foregoing paragraph 1.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Inquiry into mandatory insurance;

1. Records of the judgment: The provision of a reply to inquiry, such as criminal history, (A) an investigation report (Attachment of data related to criminal history), and the provision of a report on investigation (verification during the period of suspension of execution);

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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