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(영문) 대전지방법원 홍성지원 2018.04.26 2017고정358
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 September 3, 2017, the Defendant, without a motor device bicycle driver’s license, driven an unregistered maidas with alcohol concentration of 0.19% in blood, while under the influence of alcohol level of 0.19% in the vicinity of the 539-1 mix of the Yannam Budget-gun, Chungcheongnam-gun, the Yannam Budget-gun, at around 15:50 on September 3, 2017.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance. However, the defendant, at the time and place of the above "1", operated a motor vehicle as stated in the above "1" which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking control, the driver's license register, and the application of Acts and subordinate statutes of a mandatory insurance inquiry;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of failing to purchase mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be provided for in a violation of the Guarantee of Compensation for Motor Vehicles, the punishment of which is heavier);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other factors indicated in the instant case, including the Defendant’s age, sexual conduct, environment, motive or consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors.

A favorable circumstance: The defendant reflects his fault.

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