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(영문) 대구지방법원 김천지원 2015.10.23 2015고정469

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

1. On June 28, 2015, at around 02:50, the Defendant driven a 49cc KMTAC C&A clean scooter with a section of about 5 km up to the front road in front of the scooju basin, which is located in the Jinju-dong, in front of the scooju-dong, in a state of under the influence of alcohol concentration of 0.156%.

2. Any person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which mandatory insurance is not subscribed on the road. However, the Defendant, at the same time and time as the above paragraph 1, driven a 49cc KRA CK c scoo at the 49c KSA C C scoo at the same place as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol, a report on detection of a drinking driver, and an inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (inform and investigate unregistered vehicles and vehicles not covered by mandatory insurance);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence of fines shall be applicable to concurrent crimes with the punishment determined for a violation of the Guarantee of Automobile Accident Compensation Act, which is heavier than the punishment, and the punishment determined for a violation of the Road Traffic 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;