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(영문) 서울동부지방법원 2015.10.30 2015고정1566
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

Punishment of the crime

1. At around 04:09 on July 31, 2015, the Defendant driven a motor bicycle with a 100cc mixed with no license plate in the state of alcohol alcohol concentration of about 0.198% from the section of approximately 1k-ro 222 in the vicinity of the Hanyang River Station in Seongdong-gu Seoul, Seongdong-gu to the same king-ro 222.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled vehicle, the number of which is 100cc.

The Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the same time and place as the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of a drinking driver, and a report on the status of a drinking driver;

1. The actual condition survey report;

1. Data about measurement of drinking instruments and inquiries about the results of the control of drinking driving;

1. Application of Acts and subordinate statutes notifying an unregistered motor vehicle;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, and 44 (1) of the Road Traffic Act (the point of drinking and the choice of fines) that choose a sentence, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a two-wheeled automobile which is not mandatory insurance, and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment determined for the violation of the Guarantee of Automobile Accident Compensation Act which is heavier than the punishment: Provided, That the lowest sentence shall be the punishment determined for the violation of the Road Traffic 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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