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(영문) 광주지방법원 2015.04.23 2014고정2343

도로교통법위반(무면허운전)등

Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. On October 19, 2014, the Defendant driven the 100c c obababab in front of the road of the Seo-gu World Cup No. 171-ro 171, Seo-gu, Gwangju, under the influence of alcohol with a blood alcohol concentration of 0.177% without a motorcycle driver’s license on October 21, 2014.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said 100cc Oral Ba, which was not covered by mandatory insurance, at the same time and place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the detection of the violation of the Road Traffic Act (e.g., drinking or non-license), reporting on detection of the violation of the Road Traffic Act (e.g., drinking or non-license), inquiry into the results of the regulation of drinking driving, circumstantial statements of drinking drivers

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;