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(영문) 부산지방법원 2016.11.11 2015고단8005
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 22:30 on December 1, 2015, the Defendant: (a) driven a 124cc non-motor bicycle without a number plate from the road near the steel fat in Busan-gun to the road front of the S&T mother hub, while under the influence of alcohol by 0.221% of the blood alcohol concentration; (b) around 22:30 on December 1, 2015.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on which no mandatory insurance has been subscribed;

Nevertheless, the Defendant, as a motor vehicle owner, has driven a 124cc non-motor bicycle that was not covered by mandatory insurance at the same time and place as in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to notify detection of non-reported two-wheeled motor vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each sentence;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of violating the Road Traffic Act with heavier punishment and the punishment prescribed for each such crimes) ;

1. In light of the fact that the instant crime was committed in the state of constant drinking driving, even though being subject to four times criminal punishment due to a normal drunk driving unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, in addition to the aforementioned criminal punishment records, the Defendant was sentenced to a fine for a year 2006 without license, a suspended sentence for a year 2007, a suspended sentence for a year 2009, a suspended sentence for a refusal to take measures after an accident in 2009, and a suspended sentence due to a refusal to take a alcohol measurement, it is against the fact that there is no record of criminal punishment after September 201.

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