logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.05.18 2016고정3777
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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.

1. On September 17, 2014, the Defendant was issued a summary order of KRW 3,00,000 for a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drinking driving without a license) with respect to a violation of the Road Traffic Act at the Busan District Court on September 17, 2014, and on February 2, 2015, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of KRW 1,00,000 for a violation of the Road Traffic Act (drinking driving).

On April 30, 2016, while the Defendant was under the influence of alcohol of 0.169% in blood without a driver's license for a bicycle, the Defendant driven a 124cc camba with no number plate in the section of about 500 meters in front of the Geum River basin located in Seo-dong, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, with no number plate at a section of about 124cc camba.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, on the road, operated the above Oral Ba 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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to photographs of the ozone layers (eight pages of investigation records), registers of driver's licenses, investigation reports (a copy of summary order attached);

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

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 main text of Article 334(1) of the Criminal Procedure Act takes into account the degree of drinking and the type of vehicle driven by the defendant for the reason of sentencing, the violation of previous drinking driving and the degree of punishment, etc. in light of the circumstances.

arrow