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(영문) 대전지방법원 홍성지원 2014.08.20 2014고정177

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

On June 12, 2014, the Defendant driven, from the front day of the ean-gym-ro 22 U.S. to the road of the same Eup, approximately 350 meters from the day before the ean-gym-ro 22 U.S. to the road of the same Eup, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, the Defendant was under the influence of alcohol without a license of a motorcycle driver.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant statutory driving for a crime: Driving of a motor vehicle without a license under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and the main sentence of Article 43 of the Road Traffic Act: Operation of a motor vehicle not covered by the mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the maximum amount of the crimes of violation of the Road Traffic Act with heavier penalty) ;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the blood alcohol content ratio of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is very high is disadvantageous, or that the defendant is the first offender and the wrong is divided, the driving distance is relatively short and does not cause any accident detrimental to another person's body in the process, and the fact that the defendant who is in physical disability 2 is expected to have driven the urbly in order to maintain his/her livelihood is considered as favorable circumstances.