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(영문) 부산지방법원 2019.07.19 2019고정596
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on September 7, 2018, the Defendant was under the influence of alcohol at a level of 0.129% on blood alcohol level, and the Defendant driven the Neopool 124CC 124% on the road in front of the Busan Jung-gu Busan Bupyeong-dong Police Station at the same level of approximately one kilometer from the front of the Dongdong-dong Development Bank to the front of the Dongdong-dong Development Bank.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even if he was prohibited from operating a vehicle that was not covered by mandatory insurance, operated an automobile with no number plate that was not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an inquiry into the results of the crackdown on drinking driving, a report on the state of a drinking driver, and an official notice of the entry into a unregistered vehicle;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 and 44-1 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the selection of fines for each crime;

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;

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