beta
(영문) 대전지방법원 천안지원 2017.03.15 2017고정6

도로교통법위반(음주운전)등

Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 29, 2016, the Defendant operated a 100 engine device under the influence of alcohol concentration of approximately 20 meters in the vicinity of the road in front of Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul at around 13:00 on July 29, 2016.

2. On July 29, 2016, the Defendant, without a vehicle driver’s license, driven a 10-Engine bicycle with a section of approximately 20 meters near North-gu, Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City on July 13:00, 2016.

3. On July 29, 2016, no one who violates the Guarantee of Automobile Compensation Act shall operate a motor vehicle on which no mandatory insurance policy has been subscribed, but the Defendant operated a 100 motor bicycle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of use of drinking meters, reports on detection of drivers, the ledger of driver's licenses, and notification on detection of unregistered vehicles;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, 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 mandatory insurance) concerning the compensation for damages;

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;