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(영문) 전주지방법원 정읍지원 2015.10.22 2015고정135

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

1. Around 07:40 on June 10, 2015, the Defendant was under the influence of alcohol at a 07:266% of blood alcohol level, and the Defendant driven approximately 3 km from the Defendant’s house located in the 49c motor bicycle at the regular Eup/Myeon, to the front of the land village in the 1st century in the Sin-Eup/Yon-si, Tae-Eup-si, through the Hoho-si, through the Hoho-ri Scker.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an engine device or bicycle not covered by liability insurance;

Nevertheless, the Defendant operated the said motor bicycle that was not covered by mandatory insurance at the time and place specified in the foregoing “1” clause.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on detection of a host driver;

1. Investigation report (related to notification of non-registration);

1. The user ledger of the measuring instruments for drinking;

1. Notification of non-registered error;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of drinking and the choice of fines), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance, and the choice of fines);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.