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(영문) 부산지방법원 2017.09.05 2017고단3597
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2016, the Defendant was issued a summary order of KRW 100,000,000 as a fine 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 26, 2016, a summary order of KRW 5,00,000 as a fine for the same crime at the Busan District Court’s Dong Branch Branch Branch.

On June 9, 2017, the Defendant driven a car with Bma in the section of about 100 meters at the entrance of approximately 100 meters for a 100-meter radius from the parking lot of the glar apartment apartment in the Dong-gu, Busan Metropolitan Government without obtaining a driver's license in the state of alcohol concentration of 0.109% among blood transfusion around 09:0.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, even though he had the influence of driving.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a passenger car at the end of B.

The Defendant did not purchase a mandatory insurance policy, but operated the said car without being covered by the mandatory insurance at the date, time, and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Mandatory insurance certificate;

1. Making teas;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The suspension of execution is once a driver's license driving for the reason of sentencing under Article 62 (1) of the Criminal Act (recognating the following favorable circumstances) and one time a driver's license driving.

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