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(영문) 부산지방법원 서부지원 2018.11.09 2018고정786
도로교통법위반(음주운전)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

1. On April 25, 2018, the Defendant was under the influence of alcohol by 0.151% during blood transfusion without a motor device bicycle license on April 22:05, 2018, the Defendant driven a 80cc mertob, where no number plate is available over approximately 100 meters during the 10-meter section from the Saemaul Undong, which is located around the Busan Sho-gu Forest Road, to the front intersection of the large gambling house in the same Dong.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the date, time, and place under Paragraph 1.

Summary of Evidence

1. Statement by the accused in the court;

1. The driver's license ledger;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed driving), and punishment on any more severe violation of the Road Traffic Act;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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