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(영문) 수원지방법원 여주지원 2019.08.27 2019고단702
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 25, 2013, the Defendant was issued a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act, etc. in the credit support of the Suwon District Court.

1. On July 9, 2019, the Defendant driven a motor vehicle without a license for a motorcycle while under the influence of alcohol at least 0.135% of the blood alcohol concentration from the upper right of the front side of Echeon-si to D in the front side of D in Echeon-si, the Defendant driven a motor vehicle without a license for a motorcycle.

As a result, even though there is a power violating the prohibition of drunk driving, the Defendant driven a motorcycle without a license for a motorcycle under the influence of alcohol.

2. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant driven a motorcycle without a license plate which was not covered by mandatory insurance at the time and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. Report on the situation of operation without a license;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a period between a violation of the Road Traffic Act and a violation of the Road Traffic Act (a without a license). Punishment imposed on a violation of the Road Traffic Act of which punishment is heavier;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Act, the suspension of execution;

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