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(영문) 부산지방법원 동부지원 2018.09.06 2018고단1055
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who drives a 49cc wheel without a license plate.

1. On February 13, 2018, the Defendant driving a two-wheeled vehicle without the above number plate up to 30 meters for the frontway located in the same Gu C at the Defendant’s residence in Busan Suwon-gu B, without obtaining a motor device license under the influence of alcohol level of 0.182% from the blood around 21:41 on February 13, 2018.

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

Nevertheless, the Defendant owned a non-registered two-wheeled vehicle with no serial number that is subject to mandatory insurance, and operated the two-wheeled vehicle without mandatory insurance at the time and place specified in the above paragraph (A).

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes governing the traffic accident report (1) and the traffic accident report, the report on the occurrence of the traffic accident, the report on the circumstances of the driver in charge of driving, the investigation report (report on the circumstances of the driver in charge of driving), the inquiry of the results of regulating the driving of drinking, the notification of the results of regulating the driving of drinking, the report on the

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an non-insurance motor vehicle);

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

1. Selection of imprisonment with prison labor chosen;

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. 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 non-license or a non-insurance, and the crime of this case is not good, the state of the crime is relatively high, and the defendant is the same.

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