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(영문) 부산지방법원 동부지원 2016.04.28 2015고단2441
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[20,000,000 won for the Defendant’s violation of the Road Traffic Act (driving) at the Busan District Court’s branch on September 23, 2014, and on November 13, 2014, the same court issued a summary order of KRW 4.5 million for a violation of the Road Traffic Act (driving) on at least two occasions, etc., despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, such as receiving a summary order of KRW 4.5 million for a violation of the Road Traffic Act (driving) at the same time in the Busan District Court’s branch, but around May 20, 2015, the Defendant was driving at approximately KRW 50,000,000 from the road near the Busan High Road in the Busan High Road, which was located in the same Jungdong-dong, to the underground roadway in the same Dong-dong, without obtaining a driver’s license.

[2016 order 115]

1. Notwithstanding the fact that the Defendant was prohibited from operating a motor vehicle on the road, which was not covered by mandatory insurance, etc. violating the Guarantee of Automobile Compensation for Loss, the Defendant operated the motor vehicle under the condition that the CM5 motor vehicle quantity owned by the Defendant was not insured on December 31, 2015.

2. On September 23, 2014, the Defendant violated Article 44(1) of the Road Traffic Act (unlicensed Driving) and the Road Traffic Act (Drinking Driving) on the grounds that the Defendant was under the influence of alcohol of 0.062% from blood without a driver’s license on December 31, 2015, and was under the influence of alcohol of 0.062% from the name-based sports park located in the Busan District District Court, Busan District Court to a fine of KRW 4.5 million, and on November 13, 2014, the same court issued a fine of KRW 4.5 million to a fine of KRW 4.5 million, etc. on more than two occasions. However, the Defendant was under the influence of alcohol from blood without a driver’s license on December 31, 2015.

Summary of Evidence

[2015 Highest 2441]

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses (2016 Height 115);

1. Statement by the defendant in court;

1. The principal driver;

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