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(영문) 부산지방법원 2017.11.30 2016고정3720

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On December 2, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on December 2, 2016, and the said judgment became final and conclusive on May 19, 2017.

1. On April 1, 2016, the Defendant, while under the influence of alcohol leveling 0.059% among blood transfusions around 14:50 on April 1, 201, operated a 49CC motor bicycle at approximately 200 meters prior to the development of the cooperative industry, in front of such cooperative industry.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance except for the motor vehicles prescribed by the Presidential Decree;

Nevertheless, the defendant, who has a non-registered 49CC motor bicycle, operated the motor bicycle that was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Inquiry into mandatory insurance;

1. A report on investigation (report on the details ofCCTV and black stuffs analysis);

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;