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(영문) 부산지방법원 동부지원 2020.05.26 2020고단332
도로교통법위반(음주운전)등
Text

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

[Criminal Power] On January 4, 2007, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine for a violation of the Road Traffic Act (driving). On August 11, 2009, the Defendant received a summary order of KRW 1 million from the Busan District Court's Dong Branch for the same crime.

【Criminal Facts】

1. Around 00:40 on January 24, 2020, the Defendant was under the influence of alcohol at a level of 0.082% of blood alcohol level 0.082% on the roads near the Busan Metropolitan City Shipping Daegu B, and driving a unregistered 50cc Obane in a range of about 70 meters from D to D.

2. Notwithstanding the fact that anyone who violates the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the accused operated the automobile with the date, time, and place referred to in paragraph (1) without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Notification of discovery of an unqualified motor vehicle;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (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;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished by a fine for a violation of the Act on the Guarantee of Drinking and Motor Vehicle Accident Compensation, and that the defendant had a number of criminal records, which had not yet been covered by mandatory insurance, drives dices a motor vehicle that is disadvantageous to

However, the defendant shows a reflective appearance, the driving distance, and the driving distance.

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