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(영문) 부산지방법원 2017.08.02 2017고단2764
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 6, 2014, the Defendant issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Busan District Court, which was sentenced to a fine of KRW 1 million for the same crime at the same court on November 4, 201, and KRW 2 million for the same crime at the same court on January 4, 2010.

[Criminal facts]

1. On May 19, 2017, the Defendant was under the influence of alcohol, which is about 0.139% of alcohol during the blood transfusion at around 23:20 on May 19, 2017, driving a motor vehicle with less than 200 meters of less than 50CC, which is under the influence of alcohol at around the front of the registration office of the gold-gu in Busan, Geum-gu. to the front of the same gold-gu.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driven under the influence of alcohol again.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the same time, at the same place, and operated an off-to-land without a license plate as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment, respectively, for the sake of penalty;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da150

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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