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(영문) 창원지방법원 2016.11.10 2016고정916

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is a foreigner (beetnam's nationality) who is engaged in the operation of B A-to-purd motor vehicle and a holder.

1. Around 00:10 on July 16, 2016, the Defendant violated the Road Traffic Act (unlicensed driving, drinking driving) driven the said car two kilometers from the front day of the Defendant’s residence in Jinhae-gu, Jinhae-si C, which was under the influence of alcohol by 0.106% without a driver’s license, to the front day of the apartment of Jinwon-dong in the same Gu.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes concerning the register of driver's licenses, and mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 2, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning criminal facts, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of an 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;