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(영문) 부산지방법원 2018.10.31 2018고정1546

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 22, 2018, the Defendant violated the Road Traffic Act: (a) driving a 125 cc-occ-tra with no number plate around 23:18, and driving along a road of 125 cc. in front of the C in front of the C in Busan Central District on the side of the D bank, the Defendant damaged the victim E, who was parked on the opposite side of the horse in the course of business, due to negligence in the course of driving without accurately operating the steering system and operation of the steering system, to repair the damaged Occ. in excess of KRW 1,90,000, 125 cc. of the victim E who was parked on the opposite side of the horse in the course of the course of business.

2. Violation of the Guarantee of Automobile Compensation and Violation of Road Traffic Act (Drinking, driving without a license), the Defendant, as a person holding an otobane without the above number plate, operated the obane on the road without the above number plate, without obtaining a motor device bicycle license at the above time and at the above place, 0.214% alcohol level while under the influence of alcohol level 0.214%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. The driver's license ledger (A);

1. Reports on internal investigation (referring to measurement of drinking);

1. The application of Acts and subordinate statutes to file a written estimate for internal investigation;

1. Article 151 of the Road Traffic Act (a point of damage to business and actual property), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (a point of a license for a bicycle driver) concerning facts constituting an offense, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operating an automobile with no mandatory insurance);

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

1. Selection of each 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;