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(영문) 부산지방법원 2017.10.25 2017고정1698
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

The defendant is a driver of Oralba in 19 .0 .0 .0 .0 .0

1. On May 6, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a road with a volume of 50 meters from the front day of a permanent park located in his/her permanent domicile in Jung-gu, Busan, while under the influence of alcohol level (0.114%) at around 09:50 on May 6, 2017.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) as the owner of an Oral Ba at 49:00 p.m. Car A4 (B) without any number; and (b) as the owner of an automobile which was not a mandatory insurance policy, the Defendant operated the said Oral Ba unless it was a mandatory insurance as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report by police (report on the situation of the driver who takes the main place);

1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;

1. Application of Acts and subordinate statutes concerning the scene of the accident, the vehicle involved in the accident, the photo of the ozone layer, and detailed driver's license;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, 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 Guarantee of Automobile Compensation for Damages;

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

1. Selection of each alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s primary offender; and (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances constituting the conditions for sentencing, including the circumstances after the commission of the crime, are to be mitigated than the summary order.

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