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(영문) 부산지방법원 2016.11.25 2016고정1353
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant driven B Eccoo car in the state of under the influence of alcohol concentration of about 0.072% at the section of about 10km from the 10km to the road front of the international white apartment located in the Busan-dong, Busan-gu, Busan-do, without obtaining a driver's license on October 30, 2015.

On December 14, 2015, the Defendant, at around 04:05, driven a motor vehicle B with no mandatory insurance without having to obtain a driving license on December 14, 2015, under the influence of alcohol level of about 0.120% at the front of the entrance of the Yellow-gu Busan National University, which is located in the Southern-gu Busan National University.

Summary of Evidence

"2016, 1353"

1. A protocol concerning the police interrogation of the accused;

1. Report on the scheduled launch of a driver, and the report on the actual state of a driver;

1. Circumstances leading to the crackdown on drivers;

1. Report on the current status of driving without a license, and the register of driver's licenses for motor vehicles "2016, 2036";

1. A protocol concerning the police interrogation of the accused;

1. Report on the scheduled launch of a driver, and the report on the actual state of a driver;

1. Inquiry into details of the crackdown on drinking drivers, and the results of the crackdown on drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of the Acts and subordinate statutes of each mandatory insurance policy;

1. Relevant Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of driving under influence on October 30, 2015), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under influence on or around December 14, 2015), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving under influence on or around December 14, 2015), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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