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(영문) 청주지방법원 충주지원 2018.06.20 2018고정44
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a MMAJR under 50cc of unregistered 50cc.

1. On August 5, 2017, the Defendant, without obtaining a motor device bicycle license issued by the Commissioner of the Local Police Agency on August 5, 2017, driven the above urbane at a distance of about 1km from the front to the front road located in the Chungcheongnam-gun B of Chungcheongnam-do, under the influence of alcohol level of 0.153%, without having obtained a motor device bicycle license issued by the Commissioner of the Local Police Agency.

2. The Defendant, despite the fact that the owner of a motor vehicle was prohibited from operating a motor vehicle on a road without mandatory insurance, operated the above urine, which was not covered by mandatory insurance, on the road specified in the above paragraph 1 at the time same time as the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, 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 Act (the operation of an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [the punishment shall be aggravated by concurrent crimes stipulated in the crime of violating the Guarantee of Compensation for Motor Vehicles with heavy punishment, but the lower limit of concurrent crimes shall be determined by the crimes of violating the Road Traffic Act];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant's blood alcohol concentration in the defendant's blood, the defendant's foreign nationality is staying in Korea for not less than 10 years and has lived without any particular criminal history, and the defendant is not insured by mandatory insurance.

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