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(영문) 대구지방법원 영덕지원 2015.06.26 2015고정47
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 16:10 on March 16, 2015, the Defendant driven a Cmotor bicycle at a distance of about 15km from the front side of the same military unit, in front of the ordinary house located in the front side of the death, scarcity, the front side of the death, scarcity, and the front side of the same military unit, in the condition of 0.118% alcohol content in blood, around 16:10 on March 16, 2015.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the above motorcycle was driven at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to traffic accident occurrence reports, reports on the detection of drivers, reports on the circumstantial statements of drivers, photographs of accident sites, vehicle-to-face interviews, information inquiries into mandatory insurance, and reports on internal investigation (for the purpose of this case, statements by reporters E related to the calendar conduct of suspects);

1. Relevant provisions of Article 128-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Although Articles 40 and 50 of the Criminal Act (in a case where the punishment is more severe, since the punishment is chosen, it is practically higher than the fine prescribed in Article 46(2) of the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as one million won) is higher than the fine prescribed in Article 148-2(2)2 of the Road Traffic Act (not less than three million won but not more than five million won) but at the stage of comparing the severity of the punishment before the choice of the punishment, the highest statutory penalty shall be the standard at the stage of comparing the severity of the punishment before the choice of the punishment, and Article 148-2(2)2 of the Road Traffic Act separately prescribes the minimum sentence of imprisonment (not less than six months and not more than one year), the punishment for the crime of violating the Road Traffic Act shall be deemed to be the heavier punishment.

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