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(영문) 부산지방법원 2020.02.21 2019고정1452 (1)
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On June 25, 2019, the Defendant, without a motorcycle driver’s license, driven a four hundred-meter radius from C in Busan Jin-gu to E on the street in the same Gu, while under the influence of alcohol of 0.081% of alcohol level on June 25, 2019.

2. On June 25, 2019, the Defendant, without a motorcycle driver’s license, driven the NAN test 125cc. c. c. c. c. from the Busan High-dong Police Station in Busan High-dong, Busan High-dong, to the same sub-section.

3. A person who possesses an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile which is not covered by the mandatory insurance;

Nevertheless, around 00:35 on June 25, 2019, the Defendant operated the above vehicle owned by the Defendant on the street in front of the Ewest located in Busan Jin-gu, Busan, with no mandatory insurance, and (2) around 15:10 on June 25, 2019, the Defendant operated the above vehicle owned by the Defendant on the street in front of the Busan Jin-dong, Busan, with no mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification on the circumstantial statements of a drinking driver, notification on the results of the control of drunk driving, the ledger of driver's licenses for each motor vehicle, and discovery of unregistered wheels

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving a motor vehicle without a license), Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle without mandatory insurance), the choice of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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