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(영문) 부산지방법원 2015. 1. 28. 선고 2014고단3162,2014고단6379(병합) 판결
[도로교통법위반(음주운전)·도로교통법위반(무면허운전)·자동차손해배상보장법위반·상해][미간행]
Escopics

Defendant

Prosecutor

Park Jong-young (prosecution) and Park Jong-young (public trial)

Text

A defendant shall be punished by imprisonment for one year.

Criminal facts

"2014 Highest 3162"

On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court on January 4, 2013, and completed the execution of the sentence at the Common Detention House on January 4, 2013. On July 28, 2010, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on July 28, 2010, and on August 24, 2009, nine times more previous and previous penalties other than the issuance of a summary order of four million won due to the same crime by the same court.

1. Violation of the Road Traffic Act and the Road Traffic Act;

A. On May 26, 2013, at around 22:15, the Defendant driven a 124cc cala while under the influence of alcohol with approximately 530 meters of alcohol content 0.237% under the influence of alcohol without a motorcycle driver’s license, from the area near Cheongdong apartment located in Busan ( Address 1 omitted) to the area front of the same Gu ( Address 1 omitted) located in the same Gu.

B. On August 1, 2013, at around 15:55, the Defendant driven a vehicle with approximately 930 meters section from the Defendant’s house located in Busan Seo-gu, Busan ( Address 2 omitted) to the front of the station located in the city located in the city located in Busan Seo-gu, Busan ( Address 1 omitted), with no license for a motorcycle driver, while under the influence of alcohol of about 0.153% of the blood alcohol concentration without a motorcycle driver’s license.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated a motor vehicle which is not covered by mandatory insurance at the same time and at the same place as the above Paragraph 1.

"2014 Highest 6379"

On November 22, 2012, the Defendant sentenced ten months to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on November 22, 2012, and completed the execution of the sentence at a detention house on January 4, 2013.

On July 14, 2014, at around 21:35, the Defendant: (a) went back the victim Nonindicted Party (the victim’s age 31), who was a security guard employee of the above hospital, in order to have the Defendant returned to the Defendant in front of the △△△△ Hospital located in Busan ( Address 3 omitted); (b) sold the victim’s neck without any reason; and (c) carried out the victim’s bridge beyond the victim’s bridge, etc., and (d) put the victim into the left-hand sponion, etc. requiring approximately two weeks of treatment.

Summary of Evidence

[2014 Highest 3162]

1. A protocol concerning the police interrogation of the accused;

1. Registers of driver's licenses, reports on the actual state of drivers, and inquiries into the results of the control of respective drinking drivers;

1. Criminal records before and after judgment: A criminal investigation report ( current status of a suspect's judgment, confinement, etc.), judgment, and investigation report;

[2014 Highest 6379]

1. A protocol concerning the police interrogation of the accused;

1. The police statement of the Nonindicted Party

1. Photographs;

1. A written diagnosis of injury;

1. Previous convictions: Criminal records;

Application of Statutes

1. Article applicable to criminal facts;

Article 148-2(1)1 of the Road Traffic Act, Article 44(1)(a) of the Road Traffic Act, Article 154 Subparag. 2 of the Road Traffic Act, Article 43(a) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, Article 8(2) of the Guarantee of Automobile Accident Compensation Act, Article 257(1) of the Criminal Act (inflicting of Injury)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges' Benefits

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