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(영문) 서울남부지방법원 2015.10.14 2015고정1737
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

A. A. On June 7, 2015, the Defendant violated the Road Traffic Act (Liju and Unlicensed Driving) driving on a Brenice car with approximately KRW 200-meter section from the roads near the model of drinking trees in Geumcheon-gu Seoul Metropolitan Government to the roads in front of the South-gu market located in the same Dong, Geumcheon-gu, Seoul, without a vehicle driver’s license, while under the influence of alcohol of at least 0.272% of alcohol content.

B. Although the Defendant violated the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, the Defendant operated the said motor vehicle without mandatory insurance at the same time and place as the foregoing paragraph (A).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving without a driver's license and without a driver's license, report on the status of a driver with a driver with a driver's license, and notification of the results of

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) and punishment provided for in the crimes of violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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