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(영문) 부산지방법원 2014.05.30 2014고정728

도로교통법위반(음주운전)등

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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

1. On June 11, 2009, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a fine of KRW 1,50,000 as a same crime in the same court on December 16, 2009.

At around 00:50 on November 27, 2013, the Defendant driven a B Lyp motor vehicle at the section of approximately 100 meters from the Busan Jin-dong to the front road located in the Busan Jin-dong, Busan Jin-dong, in a state of alcohol of about 0.108% of alcohol concentration.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing liquid car without mandatory insurance, as set out in paragraph (1), as a holder of a BP car; and (b) the Defendant operated the said liquid car.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The driver's license ledger, the chassis, and the mandatory insurance bureau;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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;