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(영문) 부산지방법원 2017.08.11 2017고정1301
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. On February 18, 2017, the Defendant, while under the influence of alcohol content in blood around 13:02, without obtaining a driver’s license issued by the local Commissioner General of the Korean National Police Agency, operated approximately one kilometer distance from the lane of the Bupyeong-dong Busan Central Police Agency to the gravel intersection of the same Gu-dong, Nampo-dong.

2. The Defendant operated a road, without purchasing mandatory insurance, a motor device or bicycle without a license plate at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police investigation report (as to the situation at the time of mobilization, CCTV images);

1. Report on internal investigation by police (related to the use of a drinking-free measuring instrument);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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