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(영문) 부산지방법원 2015.11.05 2015고정3633
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 15, 2015, the Defendant, while under the influence of alcohol at 0.358% of blood alcohol level, was driven by 100cc Pacific Ocean, which was not covered by mandatory insurance without a motorcycle driver’s license, proceeding the road front of the bus stops in Samsung Hacheon-dong, Busan, from the direction of the CentralU Hospital to the depreciation three-distance. On the other hand, the Defendant, while driving a bus at 15:25% of the 0.358% of the alcohol level, was under the influence of alcohol level, and tried to flee without any necessary measures, such as immediately stopping the back portion of the victim B’s village bus driven in front of the above Hatob, and without any necessary measures to confirm damage.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. The ledger of driver's licenses;

1. Notification of the detection of unregistered soil contamination;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of operating a motor vehicle which is not mandatory insurance), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Principles of Prohibition of Disadvantageous Alteration);

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

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