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(영문) 대전지방법원 홍성지원 2014.11.14 2014고정234

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 18, 2014, at around 17:33, the Defendant driven a two-wheeled vehicle with approximately 250 meters of alcohol content 0.189% while under the influence of alcohol alcohol content 0.189%, without a motorcycle driver’s license, from the front of a restaurant on the mutual and aesthetic part of the largest market with the intention of the Hong-gun Hong-gun Red-gun, Hongsung-gun.

2. Although the Defendant is prohibited from operating a motor vehicle on which mandatory insurance is not covered on a road, the Defendant was driving a two-wheel motor vehicle of 49cc scooter that is not covered by mandatory insurance at the date, time, and place specified in paragraph 1 of the above Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Control note;

1. Application of the statutes on the register of driver's licenses;

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 the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;