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(영문) 부산지방법원 2016.01.13 2015고정4227
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 15:40 on July 13, 2015, the Defendant driven a D B B B B B B B B’s alcohol concentration of about 0.106% under the influence of alcohol at around 50 meters in front of the B B, which was around 15:40 on July 13, 2015.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, who owned the above Oral Ba, operated the above Oral Ba, which was not covered by mandatory insurance at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of traffic accident occurrence status prepared by E;

1. Investigation report on the actual condition of traffic accidents, report on the statement of the circumstances of drivers in charge, report on the detection of drivers in charge, inquiry into the results of crackdown on drinking driving, and application of mandatory insurance-related Acts and subordinate statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of fines, respectively;

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 53 and Article 55(1)6 of the Criminal Act to mitigate weight (i.e., taking into consideration the following favorable circumstances: (i) the fact that a defendant recognizes and reflects a crime; (ii) the first offender who has no previous record; (iii) the type of the vehicle operated by the defendant, the driving distance; and the place of operation;

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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