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(영문) 광주지방법원 목포지원 2015.04.27 2015고정46
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 01:40 on October 11, 2014, the Defendant, while under the influence of alcohol 0.182%, driven the Defendant’s non-registered forest, non-registered forest, 125cc. c., owned by the Defendant, at approximately five meters prior to the above cancer c.m., from the front of the above cancer c., the New Port of Yong-gun, Youngnam-gun, Crhoho-si, a new port of 0.182% of alcohol content in alcohol.

2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the motor vehicle without registration owned by the Defendant, which was not covered by mandatory insurance, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control (Evidence No. 9 pages of evidence); and

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of a sentence, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation (Amended by Act No. 12987, Jan. 6, 2015) (amended by Act No. 12987, Jan. 6, 2015);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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