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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
1. On May 8, 2017, the Defendant, while under the influence of alcohol content of 0.203% during blood transfusion around 07:55, viewed approximately 40 meters from the main construction distance to the roads front of the same CU convenience store in Busan Dong-dong, Busan to have no registration number, thereby driving the 125CC.
2. The Defendant owned the above Oral Ba and operated the above Oral Ba on the road as described in paragraph 1, which was not covered by mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The application of Acts and subordinate statutes to the investigation report (main driver’s report) and the investigation report;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating vehicles which are not mandatory insurance), and selection of fines, respectively;
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;