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(영문) 부산지방법원 동부지원 2016.09.08 2015고정1351

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On June 3, 2015, at around 04:55, the Defendant driven a numberless visa 125cc., which was not covered by mandatory insurance, at the intersection in front of the Shin-dong, Suwon-gu, Busan, under the influence of alcohol by 0.142% of alcohol concentration.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the report on traffic accidents (1) and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving a motor vehicle or the choice of a fine), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which is not mandatory insurance and the choice of a fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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