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(영문) 청주지방법원 2014.02.20 2014고정40

도로교통법위반(음주운전)등

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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

On September 12, 2008, the Defendant issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Cheongju District Court on September 12, 2008, and on October 28, 2008, the Defendant violated the Road Traffic Act two times or more by receiving a summary order of 700,000 won by the above court as a violation of the Road Traffic Act.

On November 16, 2013, around 21:35, the Defendant driven an unregistered 49cc. Oralabab, which was not covered by mandatory insurance, under the influence of alcohol content of 0.103% while under the influence of alcohol, on the front of the “Myeongggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Inquiry reports on criminal records, etc., and application of summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose a penalty, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., age and economic circumstances of the accused, values of drinking and driving distance, the points of reflectdness of the accused);

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;