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(영문) 의정부지방법원 2015.02.12 2014고정2102

도로교통법위반(음주운전)등

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a unregistered 49cc motor bicycle. A.

On November 3, 2013, at around 14:04, the Defendant driven the above motorcycle at a section of about 15 km in front of the Agricultural Cooperative water surface, where the Defendant had been under the influence of alcohol with a blood alcohol concentration of 0.091%, without obtaining a driver’s license, from the front point of the natural ground of the same Yancheon-si, Bocheon-si to the south-si in Yangju-si, the Defendant driven the above motorcycle.

B. Despite the fact that the Defendant did not purchase a motor vehicle mandatory insurance policy, the Defendant operated the said motor vehicle at approximately 15 km section.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the usage register of drinking meters, the results of the crackdown on drinking driving, the report on detection of drinking drivers, the report on circumstantial statements of drinking drivers, the disqualified inquiry in the main office, and the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of sound driving), subparagraph 2 of Article 154, Article 43 (a point of without Permission) of the Road Traffic Act concerning criminal facts, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for negligence;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;