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(영문) 부산지방법원 동부지원 2015.01.14 2014고단2075

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On October 12, 201, the Defendant was sentenced to a summary order of KRW 3,00,000 to a fine of KRW 3,00,000 for a violation of the Road Traffic Act (driving) in the Busan District Court’s branch branch branch, and on October 31, 201, the same court was sentenced to a fine of KRW 2,00,000 for a violation of the Road Traffic Act (driving). On October 15, 2013, the same court was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on October 23, 2013.

2. Criminal facts;

A. A. On August 24, 2014, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least twice, but again, driven a f125cc clobane while under the influence of alcohol with a maximum of 30 meters alcohol concentration of 0.190% without obtaining a driver’s license from the Defendant’s house located in Busan Shipping Daegu, Busan, to the front road of “E” located in the same Gu D, from August 24, 2014.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the above date, at the above place, and even if he was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, he operated the above urine without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Inquiry into mandatory insurance;

1. Criminal records: Inquiries and inquiries, and the application of Acts and subordinate statutes of the same kind of investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the same Act concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an 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;