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(영문) 인천지방법원 부천지원 2020.05.21 2020고단298
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On December 27, 2019, the Defendant: (a) driven a motorcycle, which is a motorcycle, without a license plate, on the road at approximately 200 meters from the 200-meter radius from before the seat of the road at Kimpo-si, without obtaining a motorcycle driver’s license, while under the influence of alcohol at around 0.116 percent of the blood alcohol level; (b) on December 27, 2019, the Defendant driven a motorcycle driver’s license.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the said wheeled automobile, which is a two-wheeled automobile not covered by mandatory insurance at the above date and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on traffic accident, the report on actual condition of driving, the report on the statement of the state of drinking drivers, the report on the results of the control of drinking driving, the report on the results of the control of drinking driving, the inspection of driving licenses, the ledger of car driving licenses, the bar search screen, the relevant Acts

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (a point of driving without a license), Article 46 (2) 2 and 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the lowest limit shall be the penalty stipulated for the violation of the Road Traffic Act);

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the reflection of the accused, the elderly, the health status, the agreement with the injured party, etc.) or more;

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