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(영문) 대구지방법원 김천지원 2013.08.16 2013고합62

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 28, 2012, the Defendant, as a driver of DNA City 100, driven the above 2km without mandatory insurance from the street in front of the multi-user restaurant in Kimcheon-si, Kimcheon-si, without a motorcycle driver’s license, while under the influence of alcohol by 0.202% of the blood alcohol concentration, and driving the above 2km from the street in front of the multi-user restaurant in the same Moamamba-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police investigation report (as to the suspect's cases),

1. Application of Acts and subordinate statutes to reports on detection of drivers, the ledger of driver's licenses, and mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving without a license for a motorcycle), 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, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

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 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;