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(영문) 부산지방법원 2017.05.24 2017고단775
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 12, 2013, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on September 12, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on the grounds of the violation of the Road Traffic Act, and on September 12, 2016, the Defendant violated the provisions concerning prohibition under the Road Traffic Act two times or more.

On January 6, 2017, the Defendant, while under the influence of alcohol content of 0.116% during blood transfusion around 15:12, driven a 50cc obbbbb in the front of the Defendant’s house located in the Busan-gu, Busan-do, from the front of the Defendant’s house located in the Gangseo-gu, to the front of the new bus stop located in the Gangseo-gu, Busan-gu, Busan-do.

2. No owner of an automobile who has violated the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;

Nevertheless, at around January 6, 2017, the Defendant operated a 50cc off-to-land obba from the frontway of the Defendant’s house located in Busan Seo-gu, Busan, to the front of the new bus stops located in Gangseo-gu, Gangseo-gu, Busan, with approximately 10 km mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photograph of an accident vehicle;

1. Notification of the detection of ozone layers and operation without a license plate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment, respectively, for the sake of penalty;

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;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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