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(영문) 광주지방법원 순천지원 2018.10.15 2018고정268
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant shall be prohibited from operating any motor vehicle which is not covered by mandatory insurance, as a bicycle rider, on the road.

Nevertheless, on April 22, 2018, the Defendant driven a 50c motor bicycle without obtaining a driver's license in the section 20 meters in front of the D cafeteria located in the 19:12 Macheon City, and without obtaining a driver's license, while under the influence of alcohol 0.180% in blood, while driving a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 (the point of driving a motor device or bicycle without a license) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 (the point of not mandatory insurance) of the Guarantee of Automobile Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy 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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