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(영문) 대전지방법원 공주지원 2014.07.18 2014고정52
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. At around 17:50 on September 30, 2012, the Defendant driven a 50cc mertobane without a license, while under influence of 0.204% of the blood alcohol concentration without a license for a motorcycle in the section of about 3 km from the place in which public interest is private, to the front day of the son’s side of the son’s side of the son’s side of the son’s side of the son’s side of the son’s side without a license.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on the road which is not covered by the mandatory insurance for motor vehicles, but the Defendant operated 50 cc c obs without mandatory insurance at the same time and at the same place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Control note;

1. Report on proper launch of a driver, report on the status of a driver, and the register of driver's licenses;

1. A report on the occurrence of a traffic accident or report on the occurrence thereof;

1. Photographs 1, application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 46 (8) of the Guarantee of Automobile Accident Compensation Act (a point of driving a non-insurance motorcycle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the heavier Crimes of Violation of the Road Traffic Act);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the following reasons for sentencing):

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

1. The Defendant is past with the reason for sentencing under Article 334(1) of the Criminal Procedure Act.

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