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(영문) 전주지방법원 2017.02.07 2016고정978
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives unregistered CBR125 Obane.

1. On August 25, 2016, the Defendant, while under the influence of alcohol at around 06:57, the Defendant driven the above lebab on the roads of Yansan-gu Peace-dong, Yansan-dong, Jeonju-si, on the roads of 100 meters away from the roads of king and Yan-gu, Yannam-dong, Pungnam-dong, Pungnam-si, Seoul-si, in the influence of alcohol leveling 0.15%.

2. He/she shall not operate any motor vehicle on a road which has not been covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, at around August 25, 2016, the Defendant operated the king and the Hashetop road located in the same Dong in front of the Pungcheon-dong Peace-dong, Yandong, Yandong-si, Yandong-si, on August 25, 2016, which was not covered by mandatory insurance at approximately 100 meters away from the front of the king and the Hashetop road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reporting on the detection of a suspected violation of traffic laws on roads;

1. A report on the detection of a driver driving at the State, a report on the circumstances of the driver driving at the State, the appearance, uniform, language, and attitude of the driver driver;

1. Notification of violations of the Automobile Management Act;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and selection of fines, respectively;

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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