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(영문) 수원지방법원 2018.06.08 2018고단866
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

[Criminal facts]

1. On January 6, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), without obtaining a motor device bicycle license. On January 6, 2018, the Defendant driven approximately 1 Kmpous DCA 110 obs in the direction of the police station located in Suwon-gu, Suwon-si, B, the head of which, while under the influence of alcohol 0.122% of alcohol among the blood transfusions, from the roads in front of a restaurant C cafeteria located in the Suwon-gu, Suwon-gu, Suwon-si, the head of which, in turn, was driving from around 199.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the said Oral Ba as a person holding DCA110 Oral Ba, and who did not subscribe to mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and photographs;

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

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. The reason for sentencing of Articles 70 and 69(2)(1) of the Criminal Act (100,000 won per day) [the sentencing range] 5 million won to 15 million won (the sentencing decision] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sexual conduct, environment, motive for and circumstances after committing the crime, etc., shall be determined as ordered by the order.

The defendant has been subject to punishment several times, such as suspension of the execution of his/her crime, such as drinking and non-licensed driving.

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