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(영문) 의정부지방법원 고양지원 2013.10.17 2013고정1231

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. At around 18:00 on April 12, 2013, the Defendant driven a 49c motor bicycle with no registration number in the state of alcohol alcohol concentration of 0.125% without obtaining a motor-type bicycle driver’s license from a section of about 300 meters from the front of the Jeju Jeju Jeju Jeju-si to the front road of the 228 Jeju-dong Jeju-dong, Jeju-si, Jeju-si, Jeju-do, to the blind road of the same 228 meters.

2. The Defendant is the owner of a motorcycle as stated in paragraph 1.

The Defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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 an 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;