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(영문) 부산지방법원 2016.07.20 2016고정1974
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a 124cc c son without a license plate.

1. On March 29, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.064% from March 22:17, 2016 to the roads of the National Science University of Busan-gu, Busan-ro, 174, a 1km-ro, a 174, an annual motor vehicle transaction complex prior to the same city-gu, Busan-do.

2. Although the Defendant obtained a driver’s license to drive a motor vehicle on the road in violation of the Traffic Act (unlicensed Driving) on the road, the Defendant, without the driver’s license, driven a motor device bicycle as provided in paragraph (1).

3. Although the Defendant was prohibited from operating a vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said vehicle without mandatory insurance, as provided in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the reporting of the circumstances of driving without obtaining a driver's license, the circumstantial statement of the driver's license, the inquiry of the driver's license, and the results of regulating drinking;

1. Article 148-2 (2) 3, 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 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 a non-mandatory motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

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. 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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