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(영문) 서울남부지방법원 2013.03.28 2013고정735
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 7, 2010, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Seoul Central District Court on April 5, 2012, and was sentenced to a fine of 3 million won for the crime of violation of the Road Traffic Act at the Seoul Southern District Court on April 5, 2012, and was a holder of the 125cc Oral wave who did not attach a license plate.

1. On November 21, 2012, the Defendant violated the Road Traffic Act, without a motor bicycle license around 03:28 on November 21, 2012, the Defendant driven the Austria at a distance of about 500 meters from the front day of the patrol house in which it is impossible to identify the trade name located in the 0.082% of 0.082% of blood alcohol content at the same time, to the front day of the family house in Guro-gu Seoul Metropolitan Government, the Defendant driven the Austria at a distance of about 500 meters

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. A traffic accident report, a report on the occurrence of a traffic accident, and a written statement of a police officer visiting the scene;

1. A report on detection of a host driver, a report on the circumstantial statements of a host driver, and an investigation report (a drinking-water mark);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (a separate copy of judgment);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (not less than three times in the case of drunk driving), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (hereafter referred to as "motor vehicle driving without a license"), Article 46 (2) 2 of the Guarantee of Automobile Damage, and the main sentence of Article 8 of the Road Traffic Act (hereafter referred to as "motor vehicle driving without a license"), each choice of fines;

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

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da154888, Apr. 2, 2009) are 1.

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