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(영문) 부산지방법원 서부지원 2018.08.08 2018고정542

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 21, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving a car without a number plate from the front side of the Busan Bank located in the Geumdong-gu, Busan, under the influence of alcohol leveling 0.202%, while the Defendant was under the influence of alcohol leveling from around 19:26 on July 21, 2017.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle, other than those prescribed by Presidential Decree, on roads without mandatory insurance;

Nevertheless, the Defendant operated the unregistered Track, which did not buy mandatory insurance at the same time and place as in the preceding paragraph, as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to notify the detection of an unqualified motor vehicle;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

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

1. Selection of an alternative fine for punishment;

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;