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(영문) 대구지방법원 2014.11.19 2014고정2428
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a driver of BWINDY100 motorcycle in violation of the Road Traffic Act (driving without a license).

- On August 12, 2014, at around 17:50, the Defendant driven a motorcycle at a distance of approximately 500 meters from the Defendant’s home located in Yongcheon-si to D’s front road without a motorcycle license, with a blood alcohol concentration of at least 0.269%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a motor bicycle holder BWINDY100.

No vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the same time and place as the above paragraph (1) on the road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Report on the state of the drinking driver, report on the state of the drinking driver, report on the state of the drinking driver, investigation report (Attachment to a report on the results of the crackdown on the driving of a suspect), and report on the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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