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(영문) 부산지방법원 2017.10.25 2017고정1688
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The criminal facts were partly corrected according to the facts recognized within the extent that does not actually disadvantage the defendant's exercise of his/her defense right.

The defendant is a non-registered driver of 125cc.

1. On April 12, 2017, the Defendant, without a driver’s license for a bicycle with a motor device around 06:25 on April 12, 2017, drive the above 500-meter Oralb in the state of alcohol concentration of 0.058% in blood while under the influence of alcohol leveling to 0.058% in his/her blood.

2. While anyone is prohibited from operating a motor vehicle which is not covered by mandatory insurance on a road, he/she operated the above dial part that is not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report by police (report on the situation of the driver who takes the main place);

1. Reports (Attachment of photographs) on internal investigation by the police;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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. 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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