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(영문) 서울중앙지방법원 2015.01.29 2014고정4822

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a motorcycle 125C 125C Gabling VJ125.

1. On August 13, 2014, the Defendant, without a motorcycle driver’s license, driven the above motorcycle at a section of about 2 km from the front day of the 1620-36th day in Seocho-gu, Seoul Special Metropolitan City to the front day of the art 2406, while under the influence of blood alcohol content of 0.139% without a motorcycle driver’s license on August 13, 2014.

2. No motor vehicle which is not covered by mandatory insurance shall be operated on a road;

Nevertheless, the Defendant, at the above date and place, operated the said motor system without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Investigation report (official application of the Ba mark);

1. Registers of driver's licenses;

1. Application of traffic accident-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 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 of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or 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;