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(영문) 부산지방법원 2012.12.14 2012고합942
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 17, 2012, around 02:25, the Defendant driving a drinking or non-licensed driving driving: (a) around 1km section from the Do in front of the Seocheon-dong Inter-dong, Busan to the road in front of the same south-do convalescent hospital; (b) without obtaining a driver’s license, driving a tezine tezine with no license plate in the state of drinking alcohol content of 0.204% without obtaining a driver’s license.

2. The Defendant, a non- mandatory insurance policy, operated the two-wheeled automobile, which is a two-wheeled automobile not covered by mandatory insurance, at the time, location, and at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a de facto driver (blood collection result);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

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, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the crimes of this case on the grounds of sentencing as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes for a violation of the Road Traffic Act which is heavier than punishment) shall not have obtained a driver's license or a driver's license without a driver's license.

(Evidence No. 1-9 of the Record) 759,000 won was 759,000 won at the repair cost of a traffic accident (Evidence No. 1-6 of the No. 1-6 of the Evidence Record) that was caused by a car while driving a otobane that was not covered by mandatory insurance in a state of 0.204% of blood alcohol content.

(Evidence No. 1-23 pages).

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