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(영문) 의정부지방법원 2016.04.06 2016고합12
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On May 18, 2015, the Defendant was driving CMASTERE under the influence of alcohol content of 0.264% while under the influence of alcohol while under the influence of alcohol, without obtaining a bicycle license for a motor device from the end to the front of the door-to-door road located in the colonial area of the Seodaemun-si, Chungcheongnam-si, Seoul Special Metropolitan City, to the extent that the Defendant was under the influence of alcohol content of 0.264%.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the time and place specified in paragraph 1, operated the foregoing urbine, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes regarding fact-finding surveys, report on the situation of the driver involved, response to requests for appraisal, driver's license register, and mandatory insurance;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 (the point of licenseless driving) of the Road Traffic Act concerning criminal facts, Article 48-2 (2) 2, the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes resulting from a violation of Road Traffic Act with more severe punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in a history of being punished once by drinking alcohol driving or twice by driving without a license. On April 23, 2014, the Defendant was sentenced to two years of suspended sentence on October due to interference with the performance of official duties and was sentenced to two years of suspended sentence on August 22, 2014, and the judgment became final and conclusive on August 22, 2014, operated a bicycle without a mandatory insurance even under the influence of drinking, and committed the instant crime.

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