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(영문) 수원지방법원 평택지원 2016.12.22 2016고단1975

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] On June 24, 201, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site Board, and on November 19, 2015, a summary order of KRW 4 million was issued by the same court as the same crime.

【Criminal Facts】

The defendant is a holder of B 49CC, and no one shall operate an automobile with no mandatory insurance policy.

Nevertheless, at around 14:50 on September 11, 2016, the Defendant, without obtaining a motorcycle driver's license, driven the above otobane without mandatory insurance with a blood alcohol content of 0.192% under the influence of alcohol, and operated approximately 1 km away from the 1658 airfield distance to the 1658 airfield distance, as in the same market.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, and the main sentence of 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination on the application of the sentencing criteria under Article 334 (1) of the Criminal Procedure Act to the provisional payment order: It shall not be applicable;