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(영문) 인천지방법원 2015.01.09 2014고정4197
도로교통법위반(음주운전)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant driven a motorcycle (100C) not covered by mandatory insurance at the section of about 1 km from the front of the American Comprehensive Construction Work in Gyeyang-gu, Incheon, to the front of the road in the same Gu-ro 289 (Operation Dong) while under the influence of alcohol by 0.168% of the blood alcohol concentration around 21:10 on October 1, 2014 without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes verifying whether a two-wheeled motor vehicle is registered, such as a survey report on actual conditions, field photographs, reports on the actual state of a second-class driver, reports on detection of a second-class driver, driver's license register, mandatory insurance,

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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. Crimes under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

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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