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(영문) 대구지방법원서부지원 2020.12.15 2019고정716
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who drives a two-wheeled vehicle with 125 cc without registration (driving a motor vehicle) in violation of the Road Traffic Act;

On September 16, 2019, the Defendant, without obtaining a license for a motorcycle at around 22:10 on September 16, 2019, driven the two-wheeled automobile at approximately two kilometers from the front road located in Daegu-gu, Daegu-gu D while under the influence of alcohol by 0.063 percent of alcohol level.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile with 125 cc.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

2. Application of four Acts and subordinate statutes to criminal land, reports on the results of the crackdown on drinking driving, the ledger of driver's license for motor vehicles, and ozone photographs.

1. Relevant provisions of Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 154 subparagraph 2 and Article 43 of the former Road Traffic Act (amended by Act No. 16830, Dec. 24, 2019); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

6. Article 334 (1) of the Criminal Procedure Act.

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