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(영문) 부산지방법원 2015.01.14 2014고정5106
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 4, 2014, at around 18:30, the Defendant had not acquired a motorcycle driver's license while under the influence of alcohol with 0.235% of blood alcohol level. On August 4, 2014, the Defendant driven D C 100cc 9cc, which was not mandatory insurance within approximately one kilometer from the front side of the Cheongdong-dong, Seo-gu, Busan to the front side of B Cental.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Inquiry into the driver's license ledger;

1. Mandatory insurance policies, and credit policies;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

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

1. Selection of each alternative fine for punishment;

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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