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(영문) 광주지방법원 2013.11.21 2013고정2073

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. At around 21:50 on July 23, 2013, the Defendant driven a non-registered motor bicycle under the influence of alcohol with approximately 40 meters alcohol level of 0.206% without obtaining a motorcycle driver’s license from the front side of the "mototototon restaurant" in the Seo-gu Pungdong of Gwangju, Seo-gu until the front day of the GS25 Si convenience store in the same Dong.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a unregistered motor bicycle not covered by mandatory insurance at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148-2 (2) 1, 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;