beta
(영문) 대구지방법원 김천지원 2015.08.13 2015고정294

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. Around 16:00 on April 16, 2015, the Defendant driven a 100cc occ lebane without a license plate in the state of alcohol alcohol concentration of about 50 meters from the front of the community hall located in the ero-Gu, Gosi-si, Gosi-si, Gosi-si to the front road of the department store for erobbbric iron metal products at approximately 0.155%.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any traffic accident report, report on the occurrence of the traffic accident, report on the status of the driver, report on the current status of the driver, on-site photograph, and mandatory insurance protocol (in

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment prescribed for the violation of the Guarantee of Automobile Accident Compensation Act, but the lowest sentence shall be applicable to the crimes of violation of the Road Traffic Act];

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., type of motor vehicle, results of accidents, age of the defendant, previous convictions, etc.);

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;