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(영문) 서울동부지방법원 2017.09.22 2017고정737

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a motor device B, SCR100 motor bicycle.

1. On August 13, 2014, the Defendant, around 03:30 on August 13, 2014, operated the above engine bicycle at 200 meters from the street in front of the dong-dong in Seoul Special Metropolitan City to the top of 31 the Gwangjin-gu Seoul Special Metropolitan City, in a state of drinking alcohol concentration of 0.206% among the blood transfusions of the drinking measuring instrument.

2. No two-wheeled motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the motor bicycle with a quantity of 200 meters, which is not covered by mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol with regard to C by the police;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiry into mandatory insurance (B) Application of Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), 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;