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(영문) 광주지방법원 목포지원 2013.05.09 2013고단525
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a holder of SH100cc Orala.

On January 7, 2013, the Defendant, while under the influence of alcohol at 0.080% of blood alcohol level around 19:35, the Defendant driven the above Obaba without a license for a motorcycle driver, which was not covered by mandatory insurance from the Do in front of the modern human resource office in the luba-dong without a license for a motorcycle driver’s license to the front road of the same kind.

Summary of Evidence

Application of the defendant's legal statement, report on detection of host drivers, ledger of driver's license, and mandatory insurance statutes;

1. Relevant statutory driving for committing a crime: Operation without a license as prescribed in Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act: Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

2. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

3. Selection of each alternative fine for punishment;

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

5. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

6. Article 334 (1) of the Criminal Procedure Act.

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