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(영문) 제주지방법원 2016.11.21 2016고정688
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

1. On July 13, 2016, the Defendant violated the Road Traffic Act (driving and Driving without Driver’s License) without obtaining a motorcycle driver’s license on July 23, 2016. While under the influence of alcohol at a level of 0.120%, the Defendant driven a non-registered 49C Obaba in the section of about 200 meters from the Do in the vicinity of the So-gu Eup in Jeju City to the road of about 200 meters in front of the same ordinary 9-gil 27 Scababab.

2. The Defendant under the Guarantee of Automobile Accident Compensation Act is a holder of 49C Oral Ba.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the 49C Oral Ba, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a photograph of the scene of the accident, a report on the actual condition, and a written statement B;

1. Consent and request for blood collection, request for appraisal, appraisal statement, ledger of blood collection, and report on detection of a master driver;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes to notify persons who violate the Motor Vehicle Management Act (unregistered earth and sand);

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act;

1. Formal concurrence and the choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances that are favorable to the reasons for sentencing: A state district court that violated the Road Traffic Act on September 11, 1996, when agreed with the victim B of the traffic accident ( August 4, 2016): the same kind of crime and four times.

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