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(영문) 부산지방법원 2020.09.16 2020고단2492
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 500,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 15, 2012, the Defendant was issued a summary order of a fine of KRW 3 million by the Busan District Court due to a violation of the Road Traffic Act.

Criminal facts

1. Around 01:24 May 18, 2020, the Defendant driven a FNAS car under the influence of alcohol leveling 0.145% in a section of about 500 meters from the next day of the C department store located in Busan-gu, Busan-gu, to the front day of the E-cafeteria located in D, while under the influence of alcohol leveling 0.145%.

Accordingly, the defendant was driving under drinking not less than twice.

2. Notwithstanding the fact that a motor vehicle is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a FNN motor vehicle without mandatory insurance at the time and place specified in paragraph (1).

3. No person who violates the Motor Vehicle Management Act shall operate any motor vehicle ordered by a Mayor/Do Governor or the head of a Si/Gun/Gu to stop the operation without good cause;

Nevertheless, the Defendant operated the FNAS car in violation of an order to stop the operation of the No. 1 market without justifiable grounds (registration of an order to suspend operation on July 19, 2019) at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a vehicle, report on the situation of the driving of the vehicle, report on the situation of the driver of the vehicle, report on the investigation (report on the circumstances of the driver of the vehicle), and personal investigation report (investigation into an order to stop the operation of the vehicle, investigation into the insurance relation of the vehicle, internal investigation into CCTV around the site, and mandatory insurance association); and

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 46 of the Guarantee of Automobile Accident Compensation Act, which applies to the relevant criminal facts, the choice of sentence, and the appointment of sentence.

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