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(영문) 광주지방법원 2014.03.28 2014고정9

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a driver of a two-wheeled vehicle without registration that he/she owns.

On October 17, 2013, without a motorcycle driver's license, the Defendant driven the above two-wheeled vehicle at approximately 3 km from the front road of the Youngcheon-dong in Gwangju-gu to the front road of the Korean Corruption apartment located in the Dong-dong in the same city, Seocheon-gu, Gwangju-gu without a motorcycle driver's license on October 17, 2013.

2. No defendant who violates the Guarantee of Automobile Accident Compensation Act shall operate a motor vehicle, as a holder of a two-wheeled motor vehicle, the mandatory insurance of which is not covered, on the road;

Nevertheless, around October 17:20 on October 10, 2013, the Defendant operated the two-wheeled Automobile, which was not mandatory insurance on the front road of the Korean Corruption apartment located in the Gandeledong-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports and circumstantial statements, investigation reports (related to the application of the Ba mark);

1. The actual condition survey report;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 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 concerning criminal facts;

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;

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;