logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2016.08.18 2016고정24
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On January 15, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law at the Seoul Eastern District Court for eight months, and was sentenced to imprisonment with prison labor for the same crime at the Seoul Northern District Court on January 23, 2015.

[Criminal facts]

1. On April 3, 2016, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) (div-free license) driving on April 3, 2016, without obtaining a bicycle license from approximately 500 meters from the Do to the front road of the Defendant’s house located in Heungung-gun-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the front of the house of the Defendant located in B, and driving a 49c oc oc oc oc ba in which no number plate is available in the state of alcohol concentration of 0.148% during blood.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) the Defendant operated the automobile-based 49cc-owned occ-owned occ-owned occ-owned occ-owned occ-owned occ-owned occ-owned occ-owned occ.

Summary of Evidence

1. Statement made by the police against C;

1. Report on detection of a driver at driving, report on the circumstances of the driver at driving, inquiry into the results of crackdown on drinking driving, notification of completion of correction, internal investigation (on-site confirmation, photographing, etc.), inquiry into the register of driver's licenses of motor vehicles, and investigation report (examination of suspects' driver's licenses and mandatory insurance);

1. Previous convictions in judgment: Application of one copy of inquiry letter and copy of judgment, such as criminal history, respectively;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act, Article 154 subparagraph 2, and 43 of the Road Traffic Act (the point of driving without a license for motor device) and Article 46 (2) 2 of the Guarantee of Automobile Compensation Security Act (the point of operating a non- mandatory insurance vehicle);

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;

arrow