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(영문) 의정부지방법원 고양지원 2016.03.18 2015고정1228
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 2, 2014, the Defendant, without a driver’s license for a motor device bicycle, driven a 100-cc obane without a number plate in the direction of 3 kilometers in front of the SM test plant, while drinking about 0.251% alcohol level at approximately 0.251% of alcohol level in the direction of the CM test plant in high-speed city without a driver’s license for a bicycle.

2. Although a person who violates the Guarantee of Automobile Compensation Act intends to operate a motor vehicle (motor) after having subscribed to mandatory insurance, the Defendant, without purchasing mandatory insurance, operated the motor vehicle (motor) at 100 cc. without any number plate at the same time and place.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Application of Acts and subordinate statutes to the ledger of a driver's license, a circumstantial report on a driver's license, a report on detection of the driver's license, a survey report on actual condition

1. Articles 148-2(2)1, 44(1)2, 154 subparag. 2, and 43 of the Road Traffic Act concerning criminal facts; Article 46 subparag. 2, and the main sentence of Article 8 of the former Guarantee of Compensation for Automobile Damages (Amended by Act No. 12987, Jan. 6, 2015);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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