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(영문) 대전지방법원 홍성지원 2014.02.14 2013고정374
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around November 23:22, 2013, the Defendant: (a) was under the influence of alcohol by 0.126% at a section of approximately 1.5 km from the front side of the Chuncheon beach located in Seocheon-gun, Seocheon-gun, Seocheon-gun; (b) was under the influence of alcohol by 0.126% at a section of approximately 1.5 km from the front side of the sea bed and the front side of the horse located in Seocheon-gun, Seocheon-gun; and (c) was driving the Cpoter vehicle without obtaining a driver’s license.

2. A person who violates the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on the road which is not mandatory insurance, while the Defendant driven a C Poter vehicle on November 23:2, 2013, which was not mandatory insurance on the road in front of the horse located in the Cheongcheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver (A) and report on the circumstantial statement of a host driver;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is difficult to view that there are circumstances to consider the circumstance in which the defendant was making a drunk driving of the instant case, and further, the defendant caused two years prior to the lapse of two years.

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