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(영문) 부산지방법원 동부지원 2015.09.21 2015고정707
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

1. Around 05:50 on January 13, 2015, the Defendant used GTS125 Obaon without a license plate to the intersection of the village from the south of the west located in the west-dong in Busan Shipping Daegu, for the purpose of undermining the alcohol level of 0.097% without a driver’s license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated an erroneous part of Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry in the register of driver's licenses prepared by the police;

1. Statement of an investigation report prepared by the prosecution (a report accompanied by the same criminal records);

1. The application of Acts and subordinate statutes to the blood alcohol appraisal statement prepared by the Busan Science Investigation Institute, Busan Science Investigation Institute, and the appraiser BC;

1. Relevant provisions of subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of running sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

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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