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(영문) 창원지방법원 통영지원 2020.02.11 2019고정332
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 8, 2019, at around 00:08, the Defendant driven a two-wheeled vehicle without a driver’s license for 49c without a driver’s license for driving a two-wheeled vehicle with a blood alcohol content of about 750 meters from approximately 0.145% under the influence of alcohol at approximately 750 meters to the front and rear side of the E elementary school located in C convenience store in C convenience store located in D at a macro-si.

The Defendant under the Guarantee of Automobile Accident Compensation Act was a holder of the above-registered two-wheeled automobile, and the person was prohibited from operating a motor vehicle on the road on which no mandatory insurance was subscribed, but the Defendant operated the above-registered two-wheeled motor vehicle without mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of an alternative fine for punishment;

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

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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