logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.05.26 2016고단1272
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On March 16, 2016, the Defendant driven C 110cc Oral diaba without obtaining a bicycle’s driver’s license under the influence of alcohol content of approximately 0.135% from the 50-meter section from the front of the new document office located in the Doncheon-gun, the 19:10 on March 16, 2016, to the front day of the 7895 military unit soldiers’ disease.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated a bicycle with C 110cc motors, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at the primary driving, the circumstantial report on the driver at the primary driving, and the circumstantial report on the driver without licenses;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of failing to purchase mandatory insurance);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant operated an Ortoba, in which the mandatory insurance was not subscribed, and the defendant again committed each of the crimes of this case in the same kind, even though he was sentenced to two years of the suspended execution in the previous year of imprisonment by driving the Ortoba in the state without a license or drinking condition, even though he was sentenced to two years of the suspended execution: The defendant's mistake is divided and reflected, and the defendant has a disability of class 3 of the delayed disability; and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

arrow