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(영문) 춘천지방법원 속초지원 2015.09.02 2015고단249
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

1. At around 21:40 on May 15, 2015, the Defendant driven B SL125 Obacacacacacacacacacacacacacacacacacacacacacacacaca under the influence of 0.133% of blood alcohol concentration without obtaining a license for a motorcycle, from the front day of the tinble apartment located in the upper Yacacaca (Sacacacacacac) of the Gangwon-do High-gun (Sacacacac)

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

Nevertheless, the Defendant, as the holder of the above SL125 Oral Ba, was driving the above Oral Ba at the time and place specified in paragraph (1).

Accordingly, the defendant operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

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

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

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

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The circumstances favorable to the two times before and after the same kind of fine in 2004 and the two times after 2006: The fact that there is no record of criminal punishment after 2006, and the decision of sentencing a confession and reflect: 5 million won;

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