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(영문) 부산지방법원 동부지원 2016.07.07 2016고정495
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

1. On December 13, 2015, the Defendant violated the Road Traffic Act (drinking) driven a bicycle of about 500 meters from the Defendant’s home located in No. 2 and No. 403, and driven a distance from about 500 meters to the front of the Busan plane captain church while under the influence of 0.085% alcohol during blood transfusion at around 20:30 on December 13, 2015.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor bicycle that is not covered by mandatory insurance on a temporary basis.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and the main sentence of Article 148-2 of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 3 and 44 (1) (Selection of a fine) of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act (the point of operating a vehicle which is not mandatory insurance, the choice of a fine);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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