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(영문) 부산지방법원 2019.07.11 2019고정661

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On March 29, 2019, the Defendant was under the influence of alcohol 0.142% on blood alcohol level at around 23:40 on March 29, 2019, driving a two-wheeled vehicle with approximately KRW 500c Q 3 two-wheeled from the scopic land of the Geum-gu, Busan to the front day of the Gu in the same Gu B from the scopic land to the copic area of the same Gu.

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 said vehicle owned by the Defendant at the above time and place without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; selection of fines for each crime;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.