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(영문) 수원지방법원 여주지원 2020.02.07 2019고정306
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person with a 50ccless “safafaf”-in-registration fafaf.

1. On September 23, 2019, the Defendant driven the instant instant instant vehicle with a blood alcohol concentration of approximately 0.175% at the section of approximately 200 meters from the 200 meters to the front road of “Dreal estate” located in the same city, without a motorcycle driver’s license, around 16:18, 2019.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act was prohibited from operating an automobile on the road which is not covered by mandatory insurance, but the Defendant operated the vehicle with the instant Schlage that was not covered by mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Report on investigation (statement of a suspect);

1. Application of the Acts and subordinate statutes of notification of unregistered earth and sand;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act; the punishment prescribed by the former heavier than the latter);

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

1. Comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, including drinking water, driving distance, Defendant’s age, character and conduct and environment, as well as the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized as well as the fact that the punishment was imposed once around 199, and there was no other criminal history.

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