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(영문) 부산지방법원 2017.08.02 2017고단1603

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

[2017 Highest 1603]

1. On February 23, 2017, the Defendant was under the influence of alcohol concentration of 0.127% during blood transfusion without a motor device bicycle license, and the Defendant was under the influence of alcohol leveling from the 206 parking lot to the front-hand road in the same Dong-gu, Busan Sin-gu, Busan at around 01:30 on February 23, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the same time, at the same place and time, operated 125cc Obaba without the number plate owned by the Defendant.

[2017 Highest 2965]

1. On May 19, 2017, the Defendant, at around 18:00, driven a 599cc Obane without a motor device license, with approximately 100 meters distance from the front side of the treatment apartment apartment in the valley-dong of the Busan Geum-gu to the front side of the 52-1 road in the same Dong, from the front side of the Ydong-dong of the Busan Geum-gu, to the front side of the 52-1 road.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated 599C Occ, which did not purchase mandatory insurance at the time and place of the preceding paragraph; and (b) operated 59C Occ.

Summary of Evidence

1. The defendant's legal statement [2017 Height 1603];

1. A report on internal investigation (e.g., details of receipt of an accident);

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

1. Registers of driver's licenses (2017 Height 2965);

1. The driver's license ledger;

1. Application of the statutes governing certificates for disuse of two-wheeled motor vehicles;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, Article 43 of the Road Traffic Act (a person who drives a motor vehicle without a license) and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the relevant Act concerning the indemnification for damages of each motor vehicle;

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

1. The crimes of violation of the Traffic Act by option of punishment, and the crimes of violation of the Guarantee of Compensation for Damages of Motor Vehicles, shall be sentenced to imprisonment, respectively, and the crimes of violation of the Road Traffic Act by the person on May 19, 2017;