도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On May 20, 2016, the Defendant was under the influence of 0.285% alcohol level during blood without obtaining a bicycle driver’s license from the 2km section of the same Eup/Myeon/Dongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated a CITRI 100 motor bicycle that was not covered by mandatory insurance at the above date, time, and place.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. The Defendant committed the instant crime, even though he/she had driven a bicycle under the influence of alcohol engine in 2010 for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, is disadvantageous to the Defendant.
However, considering the fact that the defendant's mistake is seriously against the defendant, there is a big difference in the degree of causing danger and obstacle to road traffic compared to motor vehicles in the case of motor device bicycle, the punishment as ordered shall be determined by taking into account the sentencing conditions of the defendant's age, sex behavior, the details and contents of the crime, circumstances after the crime, etc.