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(영문) 대구지방법원 2016.12.07 2016고정2335
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 October 9, 2016, the Defendant was under the influence of around 05:43, and around 05:125% of blood alcohol concentration, the Defendant driven a 100 cc-clob in the front of the bus stops located in Daegu Suwon-dong Home Pungdong, and then becomes aware of its trade name, with no number plateing from approximately 2 km to the front of the bus stops located in the middle-dong bus stops located in the same Gu Seodong-dong tunnels.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 100cc.

No person shall operate any automobile other than those as prescribed by the Presidential Decree, on which the mandatory insurance is not subscribed, on a road.

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place as the above Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, photographs of the scene of the accident, and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (hereafter referred to as "driving"), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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