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(영문) 부산지방법원 동부지원 2018.01.18 2017고정1002
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 27, 2017, the Defendant, while under the influence of alcohol level of 0.095% from blood alcohol level around 22:13, operated a 90c dedel de de de dec ray motor bicycle without a mandatory insurance policy at a distance of approximately 2 kilometers from the front of the return apartment site located in the Busan Shipping Daegu-dong to the first road in the Seowon-do in Busan Shipping Daegu-dong, without purchasing mandatory insurance from around 2 kilometers to the first road in the Seowon-do in the Busan Shipping Daegu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the discovery of a non-registered motor vehicle, such as site photographs, etc., reports on the circumstantial statements of the driver of the main motor vehicle, reports on the detection of the driver of the main motor vehicle, copies of registers of the use of drinking

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

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 provides that the reasons for sentencing of the defendant in the provisional payment order shall be led to the confession and reflection of the defendant, the defendant has no criminal records of identical crimes, although the criminal facts of this case are about drinking and not mandatory insurance, there are circumstances that may be taken into account in the circumstances where the defendant was discovered (in other words, the defendant suffered considerable injury as a victim of traffic accident at the time of the detection of drinking driving of this case) and that the defendant's health condition and financial standing are considerably difficult, the amount of the fine imposed by the summary order shall be reduced to the amount of the fine requested by the prosecutor for the first time.

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