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(영문) 춘천지방법원 2020.05.07 2020고단57
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On September 10, 2019, the Defendant, at around 13:10 on September 13:10, 201, driven a motorcycle 50%, a motorcycle with no number plate in the influence of alcohol level 0.212% under the influence of alcohol level 0.212%, without obtaining a motorcycle driver’s license, from front of his residence, and from around 13:10 on September 10, 201, the Defendant driven a motorcycle under the influence of alcohol level 0.212%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive 50 Switzerland without any number plate attached to mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry of results;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (3) 1, Articles 44 (1), 154 subparagraph 2, and 43 of the Road Traffic Act concerning criminal facts, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of which more severe punishment is imposed among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each alternative fine for punishment;

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order are disadvantageous to the fact that the blood alcohol concentration of the instant case is high, or the punishment is determined as ordered in consideration of all the sentencing conditions, including the fact that the Defendant had no previous conviction, and the vehicle operated by the Defendant is a motorcycle.

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