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(영문) 부산지방법원 2020.09.16 2020고단2264
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 24, 2020, the Defendant was under the influence of alcohol at around 22:31 on May 24, 2020 and the Road Traffic Act (driving without a license) and the Defendant driven a 125cc cc mera in the direction of the F hospital located in Busan Jin-gu, Busan through the Defendant’s house located in Busan Jin-gu D, through the Defendant’s house located in Busan Jin-gu, without a motorcycle driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time, at the same time and place as the above Paragraph 1 above, driven a low number of 125cc obin without any number owned by the Defendant, as above.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, the results of the drinking driving control, the ledger of driver's licenses, and the results of mandatory insurance inquiries;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (3) 2, 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a without a license) and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of a without a license driving);

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her will) ;

1. Social service order under Article 62-2 of the Criminal Act;

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