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(영문) 부산지방법원 2018.10.10 2018고정429
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 26, 2015, the Defendant was under the influence of alcohol level of 0.082% in blood around 15:05 on July 26, 2015, the Defendant driven approximately one kilometer from the entrance of the new wall market located in the Seo-gu Busan, Seo-gu, Busan, to the front of the island Jindo located in the repair of Busan, Seo-gu.

2. Although the Defendant was prohibited from operating a motor vehicle on the road without mandatory insurance in violation of the Guarantee of Automobile Compensation for Damages, the Defendant operated the automobile automobile which was not covered by mandatory insurance at the date and time and place specified in paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The actual investigation report on traffic accidents;

1. Each photograph;

1. A report on the detection of a primary driver;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance, the choice of fines);

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 70 and 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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