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(영문) 창원지방법원 통영지원 2017.06.09 2017고정177

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

1. On August 2, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) on the road: (a) on August 2, 2016, the Defendant driven an off-to-land with no number of alcohol content of 0.193% while under the influence of alcohol without obtaining a bicycle license from the front of a mutually influoring restaurant located in the Northwest-dong, Young-si, Northwest-dong, Seoul, through through the same 100m section from the front of the new distance in front of the same road in the same Dong.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Insurance Act, operated the above Oral ba, which was not covered by mandatory insurance at the above date and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A traffic accident report;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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;