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(영문) 부산지방법원 동부지원 2018.04.18 2018고정147
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. On October 11, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license), around 22:27, 2017, the Defendant driven a bicycle with a motor device that is not a number plateed in the condition of alcohol level 0.163% while under the influence of alcohol level 0.163% in alcohol level among blood alcohol level, on the roads near the ropool Dool, Busan Metropolitan City Mayor's Articles of Incorporation.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a bicycle rider who has no number plate.

Automobiles, etc. not covered by mandatory insurance shall not be operated on the road.

Nevertheless, the defendant operated a bicycle without a license plate that is not covered by mandatory insurance at the date, time, and place in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes governing the detailed statement of the driver who is placed in the main place, the detailed report on the driver without a license, and the unreported two-wheeled automobile:

1. Article 154 subparagraph 2, Article 43 (U.S. Driving without License), Article 148-2 (2) 2, and Article 44 (1) (U.S. Driving) of the Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 (U.S. Driving Motor Vehicles) of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (only between a violation of traffic laws (free licenses) and a violation of traffic laws on roads);

1. Selection of each alternative fine for punishment;

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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