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(영문) 춘천지방법원 강릉지원 2014.01.07 2013고정439
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 10, 2013, the Defendant was under the influence of alcohol by around 14:50 and without a motorcycle driver’s license on August 14:50, 2013, the Defendant driven a bec (100 cc) motor bicycle (100 cc) motor vehicle in the direction of about 3 kilometers from the Defendant’s house before the Defendant’s house located in the Don Eup, via the macular water surface located in the Don Eup, the Don Eup, to the 38 national highways located in the Don-Eup, Don Eup.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Response to the request for appraisal;

1. Inquiry into the register of driver's licenses;

1. Inquiry into mandatory insurance;

1. Application of the Acts and subordinate statutes to identify and notify non-reported two-wheeled motor vehicles;

1. Relevant Article 148-2 subparagraph 1 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 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act, and Articles 46 subparagraph 2 and 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act with more severe punishment);

1. Selection of each alternative fine for punishment;

1. From among 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 provided for in the heavier Crimes of Violation of the Road Traffic Act);

1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the Defendant is hospitalized in a mental hospital due to alcohol addiction, etc. and has no economic ability.

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