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(영문) 춘천지방법원 영월지원 2018.11.20 2018고정94
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

On June 24, 2018, the Defendant driven a non-registered UTV-150 vehicle that was under mandatory insurance without obtaining a driver's license from the road located in Sari Sin on March 16:28, 2018 to the 143 km south-ro, Taecheon-si, Taecheon-si, without obtaining a driver's license, while under the influence of 0.159% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A report on investigation (won of two-wheeled Automobile) (UTV-150); and

1. Application of investigation reports (Review of Application of the UTV-150 Road Traffic Act, the Guarantee of Automobile Damage Compensation Act and the Acts and subordinate statutes);

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, 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 for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);

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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