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(영문) 부산지방법원 2017.02.03 2016고정3903
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 5, 2014, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on November 5, 2014, and on October 19, 2016, the Defendant violated the provision on prohibition of driving under the influence of alcohol at least twice by receiving a summary order of KRW 2 million due to a violation of the Road Traffic Act at the Busan District Court on October 19, 2016.

On August 22, 2016, the Defendant, without obtaining a driver's license for a motor device bicycle for light 18:00 on August 22, 2016, driven a mandatory insurance policy at approximately 100cc c. c. c. c. c. c. c. 100cc c. c. c. c. c. c. c. c., under the influence of alcohol 0.151% in the blood alcohol level in the same c. c.

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. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (Attachment to the same criminal records, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (which means the driving of a motor vehicle by a person who has failed to obtain a license for driving under the influence of alcohol not less than twice the regulations prohibiting driving under the influence of alcohol), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (which means the driving of a motor vehicle without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., the fact that a defendant acknowledges and reflects all of the crimes, and that he/she is pending in a trial after having been sentenced to punishment for the same crime);

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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