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(영문) 울산지방법원 2018.12.13 2018고단3051

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On July 27, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) driving a motor device or bicycle, and on July 23:21, 2018, the Defendant driven a 50-clock off the 1km distance from the front side of the restaurant in front of the restaurant where the Defendant was unaware of the trade name in the north-west-dong in Yangsan-si, Yangsan-si to the 19-day New-si, Yangsan-si, and the 1km distance from the upper side of the road in front of the new main apartment.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has no number plate attached to the foregoing “A” and is a de facto holder of the same.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Defendant 1 operated the foregoing Oba, which was not covered by mandatory insurance at the time of the occurrence of the accident at the same time and at the same place as the above “A”.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license, inquiry into mandatory insurance, and application of the statutes governing the driver's license ledger;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense; 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 (as to paragraph (1) of the judgment of the court below)

1. Selection of a selective fine for punishment (the first offense, reflectivity, etc.);

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;