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(영문) 서울북부지방법원 2016.01.07 2015고정2366
도로교통법위반(음주운전)등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On September 18, 2015, the Defendant was under the influence of alcohol content of approximately 0.16% in the section of approximately 500 meters, while driving B H100 occ under the influence of alcohol at approximately 0.16% in the direction of 50 meters, from the road adjacent to the 331-ro, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, without a motor motor bicycle bicycle driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act was prohibited from driving a motor vehicle on a road which was not covered by mandatory insurance, but driving the motor vehicle on the date and time and place specified in paragraph 1, which was not covered by mandatory insurance, as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes regarding reporting on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, driving license register, tea register, and mandatory insurance;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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

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;

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