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(영문) 전주지방법원 2016.04.19 2015고정1061
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 15, 2015, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (diving without a license) operated a bicycle for a 100cc motor vehicle without the Defendant’s number plate in the section of about 500 meters from the street in front of the three-dimensional calendar in the front of the three-dimensional calendar of the North west-gun to the front of the same Eup, while under the influence of 0.15% alcohol during blood transfusion on August 15, 2015 without obtaining a motor device bicycle driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation Act, when he intends to operate a motor device bicycle, he did not subscribe to mandatory insurance, but operated a motor device bicycle in the same manner as paragraph 1 of Article 1, even though he did not subscribe to mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, an on-site photograph of each accident, and a report on the occurrence of a traffic accident;

1. Statement report on the situation of a driver of a vehicle driving, report on the detection of the driver of the vehicle driving, and register of the user of the measuring instruments;

1. Investigation report (related to the use of non-reported two-wheeled automobiles and notification on detection of non- mandatory insurance vehicles);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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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