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(영문) 제주지방법원 2014.10.31 2014고정867
자동차손해배상보장법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a holder of a non-registered 49cc Oral Ba, and the owner of a motor vehicle, etc., when another person’s property is destroyed or damaged due to the operation of a motor vehicle, shall subscribe to liability insurance, liability mutual aid, etc. to pay the amount prescribed by Presidential Decree. However, the Defendant, without obtaining a license for a motorcycle around 21:33 on July 31, 2014, operated the above Oral Ba, where the Defendant was under the influence of alcohol concentration of 0.058% without obtaining a license for a motorcycle, and operated the above Oral Ba, which was not covered by mandatory insurance from approximately 3 km to the front of the new park in the state of the Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to notification of persons subject to the violation of the Automobile Management Act (unregistered soil contamination) by inquiry into the results of drinking control;

1. Relevant legal provisions pertaining to criminal facts: Articles 46 (2) 2, 8, 148-2 (2) 3, 44 (1) of the Guarantee of Automobile Accident Compensation Act, and Articles 154 (2) 2 and 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. A provisional payment order: A sentence shall be imposed as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: (a) recognizing the facts of a crime and seriously reflects the fact; (b) blood alcohol concentration was not high; and (c) there was no other criminal record except for a fine which is imposed once on the crime of double-class (500,000 won) in 200; and (d) other circumstances after the crime (a) was committed (a separate from the fine in this case, a fine of 50,000 won was imposed on the ground that a report on the use of a two-wheeled motor vehicle was not performed) and the defendant’s age, health conditions (class 6 visual disorder), economic conditions (deficiated, disuse,

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