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(영문) 창원지방법원 밀양지원 2017.01.05 2016고단511
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

1. On July 27, 2016, the Defendant was under the influence of alcohol content of 0.083% in blood without obtaining a motor device bicycle driver’s license, and on July 27, 2016, the Defendant operated a bicycle with a 49c motor device at approximately 5 km section from the front of the bus stops located in the Sinnam-Eup fishing village to the front road of the office of the sub-Eup Eup in the Hannam-Eup-Myeon located in the same Sinnam-Eup fishing village.

2. While the Defendant was prohibited from operating a vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated a 49c motor motor bicycle, as in paragraph (1) of the above Article, which was not a mandatory insurance, on July 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under influence, report on the driver under the influence of alcohol, photographs signed after voluntary accompanying of the suspect, inquiry into the results of crackdown on the driving of alcohol, application of the statutes governing the driving of motor vehicles to the ledger;

1. Driving under the relevant provision of the Act on the Guarantee of Automobile Compensation: The occupation of driving under the relevant provision of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act without obtaining a license: Article 154 subparagraph 2 and Article 43 of the Road Traffic Act: The occupation of operating a vehicle with no mandatory insurance policy: Article 46 (2) 2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Compensation;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (driving without a license): Punishment provided for the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each alternative fine for punishment (the defendant operated a bicycle with drinking, non-license or mandatory insurance without any license on April 26, 2016, and the motor bicycle operation without any license on May 28, 2016, while driving a bicycle with no mandatory insurance without any license on May 28, 2016, he/she operated a bicycle with a motor motor device by drinking, non-license or mandatory insurance without any license within a short period of time;

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