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(영문) 부산지방법원서부지원 2020.08.28 2020고단657
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than nine 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 March 8, 2020, while under the influence of alcohol on March 14:35, 2020, the Defendant driven a non-registered detepicam in approximately 100 meters section from the front of the bus stop located in the Busan Heagu, Busan, to the front of the same Gu-owned road.

2. The Defendant is a holder of the foregoing non-registered detetral.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes 10 copies of a report on circumstantial statements, investigation report (report on the circumstances of a drinking driver), and notification of the results of crackdown on drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2, and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles not covered by mandatory insurance), and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The fact that the defendant's blood alcohol concentration for sentencing of Article 62-2 of the Criminal Act is considerably high, and the risk of drinking driving by causing a traffic accident is realized is disadvantageous to the defendant.

However, considering the fact that the driving distance of the accused is not clear, and that the accused has no record of punishment for the same criminal record, the circumstances favorable to the accused shall be considered.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, and the circumstances after the crime is committed.

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