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(영문) 서울동부지방법원 2013.10.16 2013고단2047

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

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

Reasons

Punishment of the crime

1. At around 22:40 on July 25, 2013, the Defendant driven a eFworket No. 204% under the influence of alcohol concentration 0.204% from the section of approximately 2km from the 2km to the 6-40-way, Songpa-gu, Seoul, Seoul, while driving a eFworket without obtaining a driver’s license.

2. No owner of a motor vehicle violating 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 operated the B EF rocketing car that was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 148-2 (2) 1, Article 44 (1), Article 152 subparagraph 1, Article 43, and Article 46 (2) 2, and Article 8 of the relevant Act on the Punishment of Criminal Crimes;

1. Articles 40 and 50 of the Criminal Act;

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 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;