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(영문) 서울남부지방법원 2013.11.11 2013고정3204
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who has driven a 125cc c obbs without a number plate owned by him/her.

On June 16, 2013, the Defendant was under the influence of alcohol with 00:13% of blood alcohol concentration 0.126%, and the Defendant was driving approximately 5 kilometers of the above 427 kilometers prior to the opening of Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul at the front of the 12th Gancheon-dong, Daegu-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said urbane, which was not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, and the application of Acts and subordinate statutes of the Mandatory Insurance Act;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound 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, respectively;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 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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