beta
(영문) 전주지방법원 2020.02.05 2019고정313

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

The defendant is a person who drives a unregistered substitute.

On June 4, 2019, the Defendant, without a driver’s license on June 22:34, 2019, driven the above Orababa, which was not covered by mandatory insurance, in approximately 10 meters from the house of “C” located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, to the front of “E restaurant”, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Application of the provisions of Acts and subordinate statutes to notification of detection of any violation of the Automobile Management Act;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 154 subparagraph 2 and 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;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each alternative fine for punishment;

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;