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(영문) 서울중앙지방법원 2018.05.29 2018고정648
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On October 24, 2017, the Defendant driven a large or mixed Q2 bicycle under the influence of alcohol leveling 0.058% of alcohol level from the road in front of the Gwanak-gu Seoul Special Metropolitan City New Disease Control at around 22:25, to the road in front of the same Gu, from around 2km to the road in front of the same Gu, without a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act operated the motor bicycle without mandatory insurance at the time and place of Paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the investigation report (whether this case constitutes a bicycle for a motor machine);

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 (the point of driving a motor device or bicycle without a license) of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 (the point of not mandatory insurance) of the Guarantee of Automobile Compensation Act;

2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving).

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

6. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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