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(영문) 창원지방법원 밀양지원 2016.01.28 2015고정231
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of 100cc. Mad-registered Malaysia.

A. On August 5, 2015, the Defendant, at around 18:45, operated a 1 kilometer while under the influence of alcohol with approximately 1 kilometer (0.215) in the state of alcohol, where the alcohol content concentration in the blood was around 2,000,000, around the 18:45 amba, at the same time as a motor device bicycle parking lot in the ambacheon-gu, Eup-do, the Defendant was found not to have opened the amba-gun, the amba-gun’s amba-gun,

B. Although the Defendant was prohibited from operating on a road that was not covered by mandatory insurance, the Defendant would operate the above Oral Ba, which was not covered by mandatory insurance, on the road as referred to in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of each statute on photographs;

1. Article 148-2 (2) 1 and 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 an non-insurance 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. 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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