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(영문) 광주지방법원 해남지원 2020.04.23 2020고단39
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

[Criminal Power] On March 25, 2011, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Gwangju District Court’s branch office in Gwangju District Court.

【Criminal Facts】

1. Around 20:00 on January 21, 2020, the Defendant driven a motorcycle while under the influence of alcohol at approximately 0.093% of alcohol level from the section of approximately 1.3km, 0.03 meters, and without obtaining a motorcycle driver’s license, in a state of under the influence of alcohol by 0.093%, from the direction of approximately 1.3km in the front of the south-do, west-do, west-do, west-do, west-do, Godo-do.

Accordingly, the defendant, in violation of Article 44 (1) or (2) of the Road Traffic Act at least twice, driven a motor vehicle while driving the motor vehicle at the same time without obtaining a motorcycle driver's license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the B motorcycle owned by the Defendant who did not have mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Previous conviction in judgment: Criminal history records, reply reports (A), investigation reports (a copy, etc. of a summary order related to the same criminal records of a suspect), and the application of a copy of summary order under one Acts and subordinate statutes;

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

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