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(영문) 대구지방법원 영덕지원 2016.01.29 2015고정98
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On September 29, 2006, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving), etc. at the Suwon Friwon method, and on December 20, 2007, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act (driving) by the same court on December 20, 207.

1. On July 2, 2015, the Defendant: (a) driven a 100-meter section of alcohol while drunkly under the influence of alcohol of 0.150%, without obtaining a bicycle driver’s license for a motor device, from the boundary of the datum located on the front of the death of the dead side of the Jinjin-gun, Jin-gun, Seoul, to the front of the conscience health center located on the north-ro 50-ro of the death of the dead side of the road; (b) on July 2, 2015, the Defendant driven B 10-cc ob, while under the influence of alcohol of 0.150%.

2. On July 2, 2015, the Defendant violated the Guarantee of Automobile Compensation from around 19:30 to around 22:16 the same day, the Defendant operated a 110cc diaba with approximately 25 km section from around the Defendant’s house in Ulsan-gun C to the front of the 50cc conscience health center, which was located in the same military base as the Defendant’s house before the Defendant’s house located in Ulsan-gun C, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Any report on the occurrence of a traffic accident, any survey report on actual condition, any report on the detection of a primary driver, any report on the situation of a primary driver, the ledger of driver's licenses to A, any tea inquiry, and any mandatory insurance inquiry;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (non-licensed driving point), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, a crime of violating the Road Traffic Act, and a crime of violating the Road Traffic Act, of which punishment is heavier);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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