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(영문) 서울북부지방법원 2015.11.20 2015고정2319
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On January 22, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on July 9, 2015.

1. On April 22, 2015, the Defendant violated the Road Traffic Act (driving on drinking) and the Road Traffic Act (Driving without a license) without obtaining a driver’s license, and on April 22, 2015, at least 0.1% of the blood alcohol concentration at the section of approximately 1.3 km from the vicinity of the ASEAN located in the children of the U.S. in Gangnam-gu, Seoul to the March 20th of the 220-do Central Intersection, Gangnam-gu, Seoul, at least 0.3 km (the blood alcohol concentration at around 23:42 on a day, 0.156%) driven a 49c 0c oc oc oc oc f that is under the influence of alcohol

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle as a holder of 49cc occ. without a number plate, nor operate a motor vehicle on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Measuring instruments;

1. Registers of driver's licenses;

1. The mandatory insurance policy and the non- mandatory insurance information policy;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes reporting the previous disposition and results of confirmation;

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, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) 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;

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