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(영문) 의정부지방법원 고양지원 2018.06.12 2018고정255

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 17, 2017, the Defendant driving a motor vehicle under 50cc, under the influence of alcohol level of 0.115% in a section of about 2 km from the road front of the industrial complex located in B at Paju City, to the road front C, with a view to under the influence of alcohol level of 0.115%.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the two-wheeled automobile, which was owned by 50cc or less without number plates, and which was not covered by mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes on investigation status (non-prosecution decision and attachment of written opinions);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and selection of fines, respectively;

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;