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(영문) 부산지방법원 2018.09.19 2018고정1225

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Punishment of the crime

On May 1, 2018, the Defendant, while under the influence of alcohol leveling approximately 0.151% from blood alcohol leveling around 01:25 on May 1, 2018, driven a 125 marb “low 125 mar,” which was not covered by mandatory insurance, and driven around 500m from the road near the party audit distance located in Busan Jin-gu, Busan, to the front of the international white apartment located in the same region.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement on the circumstances of the driver involved in driving;

3. Application of Acts and subordinate statutes reporting police investigations;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Operation of mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

(b) Driving under influence of alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

2. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [limited to the aggravated punishment imposed on a violation of the Guarantee of Compensation for Motor Vehicles with heavy punishment, but the lower limit shall be set at the lower limit of the sentence in the crimes of violation of the Road Traffic Act];

3. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of three million won to fifteen million won; and

2. 선고형의 결정 이 사건은, 피고인이 깊은 밤중에 혈 중 알코올 농도 약 0.151% 의 술에 취한 상태에서 의무보험에 가입되지 않은 오토바이를 운전한 것으로, 죄질 및 범정이 좋지 않고, 음주 수치도 운전면허 취소기준인 0.1%를 훌쩍 초과할 정도로 높다.

Drinking driving is likely to undermine the safety of road traffic and cause traffic accidents. In the event of traffic accidents which are not mandatory insurance, there is a risk of increasing social losses due to the failure to compensate the victims for the traffic accidents. Therefore, there is a high possibility of social criticism for each crime.

may be filed.

In fact, the Defendant caused an accident to conceal the preceding vehicle at the time of the instant case.