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(영문) 창원지방법원 거창지원 2015.06.17 2015고단87

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 19, 2015, at around 21:45, the Defendant driven a motor bicycle at approximately 1 km section from the Daegu Seocho-gu, Chungcheongnam-do, Seoul, to the roads adjacent to the same Eup Pyeongdong-gu, Chungcheongnam-do, without obtaining a driver’s license. The Defendant driven a 49c bit diab, which was not covered by mandatory insurance under the influence of alcohol content 0.147%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving without a license for a motorcycle), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be the concurrent crimes resulting from the crimes of violating the Guarantee of Automobile Accident Compensation Act, which are heavier than the punishment, and the punishment prescribed for the crimes of violating the Road Traffic Act];

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is about one year after the defendant was punished for the same crime, and each of the crimes of this case was committed again. However, the defendant reflects each of the crimes of this case, except that the defendant was punished twice before being punished by a fine, and that there is no other criminal records, and that the defendant is old.