beta
(영문) 대구지방법원 상주지원 2014.02.18 2013고정203

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 16, 2013, the Defendant was under the influence of 0.064% of blood alcohol level without a motorcycle driver’s license on October 13:50, 2013. On the same day, the Defendant driven the daltob in the order of 366 meters in front of the temporary en masse of the Global Promotion School (Liju and Unlicensed Driving).

2. The owner of an automobile violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating an automobile on the road which is not covered by mandatory insurance, but the Defendant operated the automobile as above without purchasing mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report and circumstantial statement of an employer-driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

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 (within the scope of adding up the amount in large amounts) [including the fact of disposing of the error of this case after the case]

1. Articles 70 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;