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(영문) 창원지방법원 2021.03.24 2021고정2
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a holder of unregistered 124cc.

1. On August 18, 2017, the Defendant was under the influence of alcohol level of 0.093% in blood without a license for a motor device bicycle around 00:18 on August 18, 2017, and the Defendant driven the above Oral Sea at approximately 300 meters in the section from the front of a restaurant in the trade name B in Kimhae-si to the D- way in C.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries into the results of the road traffic law violations (unlicensed or drunk driving), reports on detection of such violations, the circumstantial statements made by drivers of alcohol, and the control of drinking driving;

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

1. Article 148-2 subparag. 3 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 154 subparag. 2 of the former Road Traffic Act (amended by Act No. 16830, Dec. 24, 2019); Article 46 subparag. 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (amended by Act No. 15530, Dec. 24, 2019);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

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

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