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(영문) 대전지방법원 2014.07.17 2014고정935

도로교통법위반(음주운전)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 11, 2014, the Defendant, without a motorcycle driver’s license on March 23, 2014, driven the unregistered 49cc Obane in the section of approximately 200 meters from the roads near C’s house, which live in Sejong B, under the influence of alcohol concentration of 0.116%.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the same time and place as Paragraph 1, was driving the foregoing unregistered 49C Oral Ba.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Mandatory Insurance Act and subordinate statutes to any inquiry into the results of the control of drinking driving, report on the state of drinking drivers' standing statement, driver's license inquiry,

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not seem to have existed even though the Defendant had been punished for driving without a license.

However, the defendant is in depth against the defendant, and the motor bicycle driven by the defendant is a small 49cc engine displacement.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.