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(영문) 부산지방법원 2013.03.21 2013고정152

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. The Defendant, without obtaining a driver’s license, drives a B-car in the section of Article 500 of the Act on the Construction, Management, etc. of Land, Infrastructure and Transport around 00:55 at around 00:55, while under the influence of alcohol with a blood alcohol content of 0.110%, up to approximately 500,000, in front of the Cheongho-dong at the bottom of the Cheongho-dong.

B. The owner of a motor vehicle is prohibited from operating a motor vehicle that is not covered by mandatory insurance, but the Defendant operated the motor vehicle without mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Investigation reports, driving without a license, and investigation reports;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 2, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

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 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;