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(영문) 부산지방법원 서부지원 2017.11.28 2017고정284
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 14, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving a 49C obbs without a license from around 300 meters away from the front side of the Saemaeul Undong in Busan, which was under the influence of 0.203% of alcohol in blood without obtaining a bicycle riding license for a motor device at around 00:58, and driving a 49c obs in the direction of the road in front of the Saemaeul Village in the same Dong-gu, Busan, while under the influence of alcohol by 0.203% in alcohol during blood.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant was driving the 49C Oral Ba, which was not covered by mandatory insurance at the same time and at the same place as the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) and 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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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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