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(영문) 서울중앙지방법원 2016.04.19 2016고정642
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On December 31, 2015, the Defendant was driving a bicycle with a 50c motor device without a license plate in the state of alcohol content of 0.181% while under the influence of alcohol 0.181% from the Dobong-dong, Gwanak-gu, Seoul Special Metropolitan City to the 30-ro, Gwanak-gu, Seoul Special Metropolitan City.

2. No person who violates the Guarantee of Automobile Compensation shall operate an automobile which has not been covered by mandatory insurance;

Nevertheless, the defendant operated the motor bicycle that is not covered by mandatory insurance at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Certificates of drinking alcohol measurement, reports on the detection of drivers engaged in driving, circumstantial records of drivers engaged in driving, and circulars to inquiries about mandatory insurance;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 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 an automobile, the mandatory insurance of 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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