beta
(영문) 대전지방법원 2016.05.18 2016고정353

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On November 4, 2015, the Defendant operated an electrical bicycle, which is an engine device not covered by mandatory insurance without a motor vehicle driver's license, with approximately KRW 1 km alcohol content of approximately 0.150% under the influence of alcohol in the blood, from the Do in front of the Defendant's residence in Daejeon Seo-gu Daejeon, Daejeon to the front of the real estate in front of the same new shot.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and statement of the situation of the driver who takes driving;

1. Registers of mandatory insurance inquiries and driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of driving without a mandatory insurance) concerning the liability for damages;

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

1. Selection of an 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;