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(영문) 광주지방법원 목포지원 2018.10.02 2018고정125
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 April 30, 2016, the Defendant: (a) driven a motor vehicle in the section of approximately 150 meters, without the driver’s license, in the direction of approximately 0.163% alcohol concentration in blood, without the driver’s license for the bicycle, in the direction of approximately 150 meters from the roads in front of the non-park located in the Si/Gun/Eup/Myeon in the Southern-gun of the Southern-gun of the Republic of Korea before the end of around 15:05 to the roads in front of the Jeju-gunan-gun of the Naman-gun; (b) the Defendant driven a vehicle without the number plate while under the influence of alcohol of 0.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated an Oral Ba without any number plate that was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph (1).

Summary of Evidence

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

1. Notification of the results of controlling the driving of drinking, the driver's license register, and the application of Acts and subordinate statutes to notify the detection of an accident site photograph, drinking driving without registration;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

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

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