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(영문) 창원지방법원 2015.02.11 2014고정1436
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a registered two-wheeled motor vehicle (a private-wheeled motor vehicle and a private-use private vehicle).

1. Around 18:52 on August 13, 2014, the Defendant driven the above two-wheeled vehicle at a 500-meter level from the road near the Jinhae-gu Office located in the Jinhae-gu Pungdong in the same Dong to the road in front of the residence of the Defendant in the same Dong, while under the influence of alcohol of 0.165% of blood alcohol without a motorcycle driver’s license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Disqualifications of the main office and driver's license ledger;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

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

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

6. Article 334 (1) of the Criminal Procedure Act.

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