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(영문) 전주지방법원 군산지원 2018.11.07 2018고단1055
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 15, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), without obtaining a motor device license, while under the influence of alcohol 0.20% of the alcohol level among the blood transfusions around 13:42 on August 15, 2018, the Defendant driven B-Engineing bicycle from the roads near the “Trinam Emp” located in the YYYY and the roads near the “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

2. The Defendant violated the Guarantee of Automobile Compensation Act, operated a bicycle on the road, which was owned by the Defendant and did not subscribe to mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as reporting on detection of a violation of traffic laws (driving and non-licenseing driving), internal investigation (on-site conditions, statements of suspected suspects, etc.), report on the circumstances of drivers driving, notification of the results of the crackdown on drinking driving, and notification of the ledger of driver's licenses;

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 48-2 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant commits a mistake.

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