beta
(영문) 수원지방법원 2017.01.25 2016고정1916

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a unregistered 50cc U.S. as his duties.

1. On May 24, 2015, the Defendant was under the influence of alcohol at around 17:30 on May 24, 2015 without a motor device bicycle driver’s license, and the Defendant driven the above lebba on the part of about 1 km in the part of Suwon-gu Hegel’s Bagel’s Bagel’s Bagel’s Bagel’s Bagel’s Dogel’s Dogel’s Dogel’s Dom in front of the center of Suwon-dong Samsung Electronic

2. The Defendant, at the same time and place as the above 1. Paragraph 1., operated the foregoing Oral Ba, which was not covered by mandatory insurance.

3. The Defendant violated the Road Traffic Act by driving the above Obaba on a day-to-day basis as set forth in the above 1. paragraph (1) of this Article, and driving the Obaba on the front door of Samsung-dong Samsung electronic center at Suwon-si, Suwon-si, and neglecting the front city, thereby proceeding in the direction of the central gate of Samsung Electronic. The Defendant received the central door-hacker, which

Accordingly, the defendant damaged the repair cost of 850,000 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of traffic accident reports, traffic accident occurrence reports, photographs related to traffic accidents, reports on detection of drivers of primary drivers, circumstantial records, estimates, and the register of drivers' licenses to motor vehicles;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Driving alcohol: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

(c) Point of non-insurance operation: Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8;

(d) Items damaged by occupational negligence: Article 151 of the Road Traffic Act; and

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 provides that a provisional payment order shall be issued.