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(영문) 서울서부지방법원 2013.06.19 2013고정757

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On October 16, 2012, the Defendant was driving a non-registered 49c occ under the influence of alcohol leveling 0.072% without obtaining a license for a motorcycle at approximately 200 meters from the 34-16 to the 128-3 front roads of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of the Oral Ba as set forth in paragraph (1), operated the said Oral Ba, which was not covered by mandatory insurance, at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of vehicle driving licenses, reports on detection of vehicle drivers, circumstantial reports on vehicle driving licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 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;