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(영문) 광주지방법원 목포지원 2016.06.03 2016고정71
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On August 31, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dless driving) on the following occasions: (a) on August 31, 2015, the Defendant was driving a 49c-free off-registered clock without a license for motor device at approximately 3 km section from the mountain village in the South Yongamamamamba to the main intersection in the same Gun, and driving a 49c-free off-registered clock under the influence of alcohol content 0.266% while under the influence of alcohol during blood.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above unregistered dynas which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (A), inquire into mandatory insurance (B), report on the circumstances of the driver's license, and notification of the results of crackdown on drinking driving;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 subparag. 2 and 8 of the Guarantee of Automobile Compensation Act (the point of operation without a mandatory insurance) concerning the operation of a motor vehicle;

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 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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