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(영문) 의정부지방법원 2012.11.09 2012고단801
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a 125cc ice ice, without a license, in violation of the Road Traffic Act and the Road Traffic Act (free license).

On September 18, 2011, at around 03:16, the Defendant was under the influence of alcohol with a blood alcohol content of 0.086% without a motorcycle driver’s license, and without any changes in the indictment, the Defendant was recognized as a part of the Defendant’s driving before the Kiwon-dong apartment in front of the Kiwon-dong Seoul Arts Center in front of the Government Arts Center. The Defendant driven the above Otoba.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing Oral Ba, which was not covered by mandatory insurance at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (official application of the Badmark);

1. Subparagraph 2 of Article 154 and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply), Article 148-2 subparagraph 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for innocence under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged is that the Defendant is a person engaged in driving 125 ck ice, without a license plate, and around 03:16 September 18, 201, the Defendant proceeds at a speed of 80-9 km each hour at a speed of 80-9 km per hour in front of the camba-dong 78-2 camba-dong camba-dong camba.

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