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(영문) 부산지방법원 동부지원 2018.10.24 2018고단1651
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 18, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violation of road traffic law at the Busan District Court's Dong Branch's branch branch's branch's of the Busan District Court, and KRW 5 million for a crime of violation of road traffic law.

1. On July 22, 2018, the Defendant, while driving a motor vehicle under the influence of alcohol at approximately 0.149% of alcohol level at a distance of about 200 meters in the same side of a daylighting beach in the eancheon-gun, Busan, on July 22, 2018, even though he/she had the power of driving a motor vehicle under the influence of alcohol as above, the Defendant driven a Brocketing motor vehicle without the driver’s license in the direction of approximately 0.149% of alcohol level in the front of the same side of the day.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle which is not covered by mandatory insurance, but the Defendant operated a B rocketing motor vehicle that is not covered by mandatory insurance, such as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and report on the situation of non-licensed driving;

1. Investigation report (attached to the license register, borrowed information, and the result of inquiry into the purchase of mandatory insurance);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Articles 148-2(1)1, 44(1)1, 152 subparag. 1, and 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and lectures, to drive drinking twice the reasons for sentencing in Article 62-2 of the Social Service Order Act.

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