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(영문) 대전지방법원 2021.01.14 2020고정971

도로교통법위반(음주운전)등

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1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

The defendant is a person who drives 49cc. a registered Occ.

A. On June 20, 2020, the Defendant driven a motor device bicycle driver’s license in the state of alcohol 0.140% at around 05:10 on June 20, 202, at around 05:10, without obtaining a motor device bicycle driver’s license in the state of alcohol 0.140% in blood, from the roads in front of the East-dong-gu B World War Zone B, to the roads in front of the Dong-gu C.

B. On June 20, 2020, the Defendant, who violated the Guarantee of Automobile Compensation (liability Insurance) was driving a section of approximately 500 meters from the front road of the Dong-gu B times in the Dae-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-

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); 1. Inquiry into the results of crackdown on the driver in charge;

1. Notification of non-performance of mandatory insurance;

1. Application of Acts and subordinate statutes to photographs of accident scene and photographs measuring drinking;

1. Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non-mandatory motor vehicle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act which are heavier between the crimes provided for in Articles 40 and 50 shall be imposed);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;