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(영문) 대구지방법원 서부지원 2018.06.28 2017고정678
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a 49cc straw in which no number plate is available.

1. On July 4, 2017, the Defendant driven the Austria while under the influence of alcohol content of about 0.050% in a section of approximately 1km from the blood alcohol level to the roads front of the 1km-si Kim Gi Kim Gi Kim Gi-ri in the Republic of Korea, on the roads in front of the Daegu-gu Sinpo-si Yung Gi Sinung Gi-gu, Daegu-gu, Gyeongpo-gu.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant did not purchase mandatory insurance in the same section and operated the above Oral Ba in the same section as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of drivers in violation of traffic Acts on roads;

1. Making a statement on the circumstances of the driver who is placed in driving, making an investigation report (report on the circumstances of the driver who is placed in driving), making a report on the situations of the driver who is placed in driving and making inquiry

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of fines, respectively;

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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