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(영문) 제주지방법원 2014.08.27 2014고정597

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 3, 2013, around 21:52 on July 3, 2013, he/she driven a motorcycle at around 500 meters away from the restaurant on the back of the Korean hospital located in Samdo-dong in the Jeju-si, to the front road of the Japanese Motor Vehicle Industrial Complex in the same city-type movement, with a blood alcohol concentration of about 0.121%.

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

On July 3, 2013, at around 21:52, the Defendant, as the owner of a two-wheeled motor vehicle B, driven a B-wheeled motor vehicle, which did not purchase a mandatory insurance policy for approximately 500 meters section from the cafeteria, after the Korean hospital located in Samdo-dong, to the front road of the Japanese Motor Vehicle Industrial Complex located in the same city in the same city.

3. On July 3, 2013, the Defendant: (a) driven a motor bicycle on July 21, 2013, when acquiring a motorcycle for about 500 meters from the restaurant on the mutual influent side after the Korean hospital located in Samdo-dong, to the front road of the Japanese Motor Vehicle Industrial Complex in the same city-type movement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as report on the circumstantial statement of a drinking driver, the ledger of driver's license, the protocol of car driving, and mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 2, Articles 44 (1), 154 subparagraph 2, and 43 of the Road Traffic Act concerning criminal facts, and the main sentence of Article 46 (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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances leading to the crime, the age, character and conduct of the defendant, economic circumstances, and reflects the order of provisional payment.