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(영문) 부산지방법원 2016.09.29 2016고정1746
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 18, 2015, the Defendant was sentenced by the Busan District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, and violation of the Guarantee of Automobile Damage Compensation Act, and the said judgment became final and conclusive on November 26, 2015.

1. On May 27, 2015, the Defendant was under the influence of alcohol level of 0.132% during blood transfusion around 20:48 on May 27, 2015, the Defendant driven the BAR at approximately 3km from the front side of the Seocho-gu Busan Metropolitan City, to the roads front of the Busan Metropolitan City, the Seodong-gu, Busan Metropolitan City, from the front side of the Seodong-gu, Busan Metropolitan City.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, the Defendant operated an automobile without mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

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

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the punishment shall be mitigated in consideration of equity with the case where a judgment is rendered concurrently with the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation, etc. of the Act on the Aggravated Punishment

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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