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(영문) 부산지방법원 2017.08.23 2017고정1093
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 January 7, 2017, the Defendant was under the influence of alcohol leveling 0.113% in blood without obtaining a driver’s license for a motor device at around 09:00 on January 7, 2017, the Defendant driven approximately 30 meters from the 30-meter section from Busan Young-gu B to D in front of the road located in C.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on the road, despite the fact that the owner of the motor vehicle, who did not buy mandatory insurance, operates the motor vehicle on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Police investigation report (Attachment, etc. of photographs);

1. Statement of the circumstances of the driver working at the home, report of the circumstances of the driver working at home and report of the circumstances of the driver without licenses;

1. Inquiries into the results of regulating drinking driving, the ledger of driver's licenses, details of conditional revocation of driver's licenses, and application of mandatory insurance-related statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2, 44 (1) (the point of drinking) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 (the point of driving without a license) of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be mitigated by comprehensively taking into account the following circumstances: (a) the Defendant is the primary offender; (b) the sentence imposed in a similar case; and (c) the sentence shall be mitigated by taking into account equity with regard to the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime.

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