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(영문) 창원지방법원 2016.08.25 2016고정651
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving of filial dystropha at 49 hours of unregistered registration.

1. On April 18, 2016, the Defendant violated the Road Traffic Act (driving without a license or drinking), driving a 500-meter 50-meter off from the road front of the public bath site at the window of Changwon-si to the road next to the front of the public bath site at Changwon-si, while under the influence of alcohol at 0.104% of the blood alcohol level without a motor motor device bicycle driver’s license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the principal driver of the fact that he/she has made a statement, a report on detection of the principal driver, the ledger of driver's licenses, and the detection of unregistered soil;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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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