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(영문) 대전지방법원 홍성지원 2017.10.19 2017고정221
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On April 29, 2017, the Defendant operated a two-wheeled vehicle owned by the Defendant without a driver’s license under the influence of alcohol concentration of about 0.154% from a 300-meter radius from a 3-year street in front of Dong-ri, Dong-ri, Dong-ri, Eup in the Seoul-nam Budget-gun, to a 2-Ri in the same Eup-Myeon-ri, a 300-meter radius from a 300-meter radius from a cIT-100-wheeled vehicle.

2. The Defendant, in violation of the Guarantee of Automobile Damage Compensation Act, operated an automobile with the wheels which was not covered by mandatory insurance even though he was prohibited from operating on the road which was not covered by mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. On-site photographs;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes, a written inquiry of the ledger for using a drinking measuring instrument and the results of regulating drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) 2, Article 154 subparagraph 2, and Article 43 of the Traffic Act concerning facts constituting an offense, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Compensation for Automobile Damage Act (the point of operation by which the mandatory insurance is not imposed);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was charged with driving alcohol without mandatory insurance and re-offending during the trial.

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