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(영문) 부산지방법원 서부지원 2017.04.26 2017고단14
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 6, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Traffic Act at the Busan District Court on the part of July 6, 2009. On January 15, 2010, the same court was sentenced to a fine of 5 million won for a crime of violating the Traffic Act (drinking), and on September 22, 2016, the Defendant was sentenced to a suspended sentence of 1 year for a special bodily injury at the Busan District Court and was sentenced to a suspended sentence of 2 years for a year on September 30, 2016.

1. On February 20, 2017, the Defendant: (a) driven a LT-160 cc two-wheeled vehicle without a driver’s license for a vehicle while under the influence of alcohol with approximately 0.122% alcohol concentration in the blood while under the influence of alcohol with approximately 2 kilometers from the trade influence point near the city of the city of the city of the city of the city of the city of the Busan to the 3rd Do of the city of the city of the city of the Busan to the 2nd Do of the Gu of the city of the city of the Busan on February 20, 2017.

2. The Defendant violated the Guarantee of Automobile Compensation Act, without purchasing mandatory insurance, operated the said vehicle at the same time and place as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Investigation report (Attachment to the current status of purchase of mandatory insurance by Defendant);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

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

1. Selection of an alternative fine for punishment;

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 provides that the Defendant had a record of driving alcohol again to commit the instant crime for the reason of sentencing, even though he/she had a record of driving alcohol.

However, the defendant seems to have an attitude against the defendant, and the defendant.

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