beta
(영문) 전주지방법원 군산지원 2015.03.11 2014고정307

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has driven a CITI-100 Oral Ba that has no number plate.

1. On October 25, 2013, the Defendant was under the influence of alcohol by 0.174% of blood alcohol concentration without a motorcycle driver’s license around 14:00 on October 25, 2013, and the Defendant driven the above Oral Sea at a section of about 500 meters from the front of the excursion ship wharf located in the 2nd head office of the military mountain city to the front of the excursion ship wharf located in the direction.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the above Oral Ba, which was not covered by mandatory insurance, on the road at the same time and place as above.

Summary of Evidence

1. The police statement of the defendant;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of the Investigation Report (B)

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;