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(영문) 수원지방법원 안양지원 2017.07.14 2017고단747
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a non-registered 125cc cison vehicle.

On March 9, 2017, while under the influence of alcohol content 0.059% during the blood transfusion around 15:10, the Defendant driven the said vehicle from around the bus stops in the Pyeongtaek-dong, Pyeongtaek-dong, Pyeong-gu to about 500 meters in front of the shooting distance at the college of the 275-gu, as seen above, while the Defendant was under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is an unregistered owner of a non-registered 125C Blus vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said vehicle that was not covered by mandatory insurance at the time and place of the foregoing “1” clause.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes governing the closure of two wheels;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 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 a vehicle 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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