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(영문) 부산지방법원 2014.07.22 2014고정1267

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:00 on January 29, 2013, the Defendant, while under the influence of alcohol at a 0.146% alcohol level, driven a fluorial vehicle with no license to the extent of about 10 meters on the front side of the doluter in front of the doluter located in the Seocho-gu Busan Metropolitan City, without obtaining a motorcycle driver’s license.

In such cases, the driver of the two-wheeled vehicle has a duty of care to prevent accidents by accurately operating the steering gear and the steering gear well, and by accurately operating the steering gear and the steering gear.

Nevertheless, the defendant caused the above damaged vehicle to be 1,346,680 won by shocking the driver's seat of the CM7 car driving of the victim B, which caused the error of Hand, and caused the above damaged vehicle to be damaged.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B Statement on the occurrence of a traffic accident;

1. Investigation reports (report on telephone conversations with a suspect), investigation reports (report on telephone conversations with a victim), traffic accident reports, traffic accident reports, reports on occurrence of traffic accidents, reports on the actual state of a driver with a driver with a driver, reports on the driver with a driver with a driver's license, registers of driver's licenses, estimates for maintenance of car inspection, and inquiries into the results

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between the crimes of violation of the Road Traffic Act following the driving of a sound driving and the crimes of violation of the Road Traffic Act following the unauthorized driving);

1. Selection of each alternative fine for punishment;

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;