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(영문) 부산지방법원 2018.01.18 2017고정2238
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On May 28, 2017, the Defendant, without obtaining a motor device bicycle license with a alcohol level of 0.162% from around 23:15, the Defendant driven a electric wheel motor bicycle without a license for a motor device under the influence of alcohol level of 0.162% from around the front side of the Busan Jin-gu University, Busan, and without a license for a motor device, at the front side of the Kinin-gu, Busan, to around 597, the Defendant operated the electric wheel motor device without a number plate in approximately eight meters from the front side of the Kin-gu, Busan

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal, a statement in the circumstances of the principal driver, and a report on the detection of the principal driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to electric wheel chairs motors, bicycle photographs (45 pages of investigation records);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55(1)6 of the Criminal Act for Reduction of Quantity (i.e., taking the attitude of the defendant to recognize and reflect the crime, and there is no criminal history against the defendant; and (ii) the defendant's operation of a vehicle at a level of eight meters by riding a bicycle outside the front wheelchairs and cutting the crosswalk on the crosswalk;

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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