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(영문) 수원지방법원 성남지원 2016.04.07 2016고단11
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. On August 24, 2015, the Defendant driven B B B MV250 Oba under the influence of alcohol concentration of about 0.235% while under the influence of alcohol, without obtaining a driver’s license, from around 20:30 to around 20:5 meters from the b0-year charge road in the Chang-dong, Hanam-si, the Hanam-si, the Hanam-si, the Hanam-si, the Hanam-si, the Hanam-si, the Hanam-do.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person who owned the above Oral Ba at the time and place specified in paragraph 1, operated the above Oral Ba without purchasing mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Response to a request for appraisal;

1. The driver's license ledger;

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

1. Article 148-2 (2) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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