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(영문) 전주지방법원 2017.02.14 2016고정1006
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 September 13, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) operated a motor bicycle without a license from around 50 meters to the front of the volcanic cafeteria located in the name cafeteria Dong in the front of the city of Jeonju, under the influence of alcohol leveling 0.076% of the blood alcohol level without a motor device bicycle driver’s license on September 13, 2016.

2. The Defendant is a holder of a two-wheeled automobile with no number plate in violation of the Guarantee of Compensation for Loss of Motor Vehicle.

The Defendant operated a two-wheeled automobile without a mandatory insurance policy at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of violation of traffic laws (driving or non-licenseed driving);

1. Notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, the appearance, uniform, language, and attitude of the driver of drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, 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 for Damages, concerning the facts constituting an offense;

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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