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(영문) 인천지방법원 부천지원 2014.07.18 2014고정414
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court, and five million won of fine from the Incheon District Court’s Vice Branch on September 27, 2012, respectively.

1. On December 16, 2013, the Defendant is a person who has violated the provisions of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least twice. On December 22 and 25, 2013, the Defendant driven a 125cc caltob in the state of alcohol while under the influence of alcohol without obtaining a motorcycle driver’s license, at a section of about 50 meters from the front direction of the driving distance near the original driving distance located in the original driving route in the Orcheon-gu, Orcheon-si, Busan to approximately 27-2:

2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, he/she driven the motor vehicle on the road without being covered by mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Field photographs, etc.;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. As to inquiry reports on criminal records, etc., investigation reports (verification of criminal records of the same kind), three copies of judgment, and one copy of summary order application;

1. Relevant provisions of Article 148-2 (1) 1, Article 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 46 (8 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense (the point of operating dairbs without mandatory insurance);

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each alternative fine for punishment;

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

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

1. The Criminal Procedure Act;

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