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(영문) 서울중앙지방법원 2016.01.11 2015고정4023

도로교통법위반(음주운전)등

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a bicycle with no number plate 49C large motor device.

1. On August 30, 2014, the Defendant violated the Road Traffic Act (drinking) driven the motor bicycle at a 2km section of Jongno-gu, Jongno-gu, Seoul, with a alcohol concentration of 0.158% around the blood alcohol level on August 30, 2014.

2. Although the Defendant was prohibited from operating a motor vehicle which is not covered by mandatory insurance for motor vehicles violating the Guarantee of Automobile Damage Compensation Act on the road, the Defendant operated the motor vehicle bicycle without mandatory insurance at the date, time and place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a statement on the circumstances of the driver at home, a report on the detection of the driver at home, the report on traffic accidents, and the report on the occurrence of traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning selective punishment, Article 46(2)2 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015) and the main sentence of Article 8 (the point of operating an non-insurance vehicle), and selection of fines, respectively;

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 concerning the order of provisional payment;