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(영문) 부산지방법원 2019.02.13 2019고정25
도로교통법위반(음주운전)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. At around 00:30 on October 1, 2018, the Defendant driven a 125CC 125 meters distance from the point of view in Busan Young-gu, to the front of a restaurant located in the same Gu D without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.206%.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road without mandatory insurance, but the Defendant operated a 125CC which does not have mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 154 Subparag. 2, Article 43, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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