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(영문) 창원지방법원 거창지원 2018.07.25 2018고단102
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

On April 20, 2018, around 20:15, the Defendant driven a BIT-100 Obaba, which was not covered by mandatory insurance without obtaining a bicycle license, in the section of about 1km from the front side of the Central Down-gun, Chungcheongnam-gu, Seoul, Seoul, to the front side of the Dong-dong branch, Changwon-gu, Seoul, Chungcheongnam-gun, Seoul, Seoul, to approximately 0.150 percent alcohol level among blood, without obtaining a bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident and report on a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol and a report on the circumstances of the driver of drinking alcohol;

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 relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

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