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(영문) 부산지방법원 2018.06.20 2017고단4476
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 30, 2014, the Defendant was sentenced to a summary order of 500,000 won for a crime of violating the Road Traffic Act at the Busan District Court, and on March 29, 2017, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act at the Busan District Court.

[2] On July 8, 2017, around 05:50 on July 8, 2017, the Defendant driven a BM car owned by the Defendant, who was not covered by mandatory insurance without obtaining a driver’s license from around 2 km section from around the day near the Dong-dong, Busan to the front road of the National Bank located in 409, as the center of Busan-dong, to the day before the National Bank located in 409.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification, etc. during the period of suspension of execution), and text of judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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;

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