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(영문) 부산지방법원 2020.04.10 2020고정195

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of Bsch Rexton car.

1. On November 21, 2019, the Defendant, while under the influence of alcohol 0.133% of the blood alcohol concentration at around 21:38, 2019, was driving by driving the said Grandton car at the section of approximately 1m in D located in Young-gu Busan Metropolitan City C.

2. A person who possesses an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the vehicle owned by the Defendant without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, and the application of Acts and subordinate statutes of the Mandatory Insurance Act;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines;

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;