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(영문) 광주지방법원 목포지원 2015.03.30 2015고정62
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 14:20 on October 16, 2014, the Defendant was driving without registration 50cc calobs in the state of under the influence of alcohol content of about 0.178% without obtaining a motorcycle driver’s license from around the central officetel located in the 14:20-ro, Supo-si, Supo City, to the front road of the department store, which is located in the right-to-si free-to-si 70-ro.

2. While the Defendant was prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated 50 c obs as described in paragraph (1) without registration owned by the Defendant who did not buy mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (in case of a suspect's misuse);

1. Statement of the results of the drinking driving control;

1. The ledger of driver's licenses;

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

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015) and the main sentence of Article 8

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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