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(영문) 제주지방법원 2016.11.29 2016고단1445
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

"2016 Highest 1445"

1. Violation of the Road Traffic Act and the Road Traffic Act;

A. On June 29, 2016, at around 08:15, the Defendant driven a 49c substitute message with no registration, without obtaining a motorcycle driver’s license, while under the influence of alcohol 0.143% at a section of about 200 meters from Seopopopo City to Seopopopo City, Seopopopo City.

B. On June 29, 2016, around 11:20, the Defendant driven a motor bicycle without obtaining a motorcycle driver’s license in the state of alcohol alcohol concentration of about 0.153% in the direction of the forest tunnel located in Seopo-gu, Seopo-si, Seopo-si, 516, in front of Jeju Prison, Jeju, 2016.

2. The Defendant who violated the Guarantee of Automobile Accident Compensation Act, as the owner of a non-registered message 49C substitute message, may not operate a motor vehicle on the road without mandatory insurance.

Nevertheless, on June 29, 2016, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance at each location under Paragraph (1) of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of each host driver;

1. Making a report on the results of regulating drinking driving;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Application of the statutes notifying the detection of a non-registered two-wheeled motor vehicle;

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of a sentence: Determination of a fine (in full view of the following circumstances, it is reasonable to select a fine and give the defendant an opportunity to choose a fine only once).

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