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(영문) 부산지방법원 2017.05.25 2017고정187
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who operates a three-wheeled motor vehicle in a street with no number plate.

1. On October 4, 2016, the Defendant driven the said two-wheeled vehicle at a section of about 300 meters up to the front road of the Busan Northern-dong market while under the influence of alcohol leveling 0.116% among the blood transfusion around 20:20 on October 4, 2016.

2. The Defendant driven a two-wheeled automobile as described in paragraph 1 without a motor device license at the time and place mentioned in paragraph 1.

3. The Defendant operated the two-wheeled automobile, which was not covered by mandatory insurance, at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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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