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(영문) 서울남부지방법원 2013.11.19 2013고정3314

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 13:30 on August 12, 2013, the Defendant was under the influence of alcohol at a 0.123% of the blood alcohol concentration, and the Defendant driven, without a motorcycle driver’s license, a non-registered 49c diabane owned by the Defendant from the frontway of Yeongdeungpo-gu Seoul Metropolitan Government to the frontway of 509-3 of the same 509.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act operated the above Oral Ba, which 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 traffic accident report;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

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) 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 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;