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(영문) 창원지방법원 통영지원 2019.02.18 2019고정1
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a motor bicycle owner with no registration of 100cc.

On May 31, 2018, at around 21:10, the Defendant driven and operated the said motorcycle without having to purchase a mandatory insurance without obtaining a motorcycle driver’s license from approximately 100 meters in sections C in front of the main construction distance, which is located in the Jeju-si Pool, in front of the main construction distance, up to the three-way road located in B, and without having to purchase the said motorcycle under the influence of alcohol concentration of about 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. Registers of driver's licenses and details of cancellation thereof;

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

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act (hereafter referred to as "motor bicycle driving without a license for a motorcycle"), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act;

1. The 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 and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each alternative fine for punishment;

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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