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(영문) 서울서부지방법원 2017.08.09 2017고정295
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On May 1, 2016, the Defendant driven a non-registered motor bicycle under the influence of alcohol content of about 0.237% in alcohol during blood without obtaining a bicycle license from the front line of the Goyang-si, Seoul, from around 14:08 to around 2,100, to the front line of the Goyang-si, Goyang-si, Seoul, for about 2km, without obtaining a bicycle license for a motor device in the section of about 1019.

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, on May 1, 2016, operated the said motor bicycle, as a person who has a non-registered motor bicycle under paragraph (1) that was not covered by mandatory insurance at a section of approximately 2 km from the front edge of the Goyang-si Station, Eunpyeong-gu, Seoul to the front edge of the Samyang-si Station, to approximately 2,1019.

Summary of Evidence

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

1. The driver's license ledger (A) and the driver's license disclosure report;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, reports on internal investigation (the access to ctVs) and investigation reports (the application of the said d mark);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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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