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(영문) 부산지방법원 2017.08.10 2017고정1155
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 January 6, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B 125cc camb while under the influence of alcohol level 0.063% on blood on January 6, 2017, and led a victim C (23 camba) driving in accordance with the new subparagraph (23 camba) with the front part of the Defendant’s right-hand part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part, which was located in the 233rd city, Busan, the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the road, which was located in the middle part of the lower part of the lower part of the lower part of the lower part of the lower part, and led the victim to a combination of the said part of the lower part of the lower part as necessary for treatment.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven a balb while under the influence of alcohol with 0.063% alcohol level in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, photographs at the time of the accident, and investigation reports (with respect to wooden straws);

1. A medical certificate;

1. Application of Acts and subordinate statutes following a statement on the circumstances of a driver placed in the main place, a report on detection of a driver placed in the main place, and an investigation report;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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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