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(영문) 제주지방법원 2017.09.13 2017고단1255
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 May 1, 2017, the Defendant driven a 49c motor bicycle without registration in the state of alcohol alcohol level to 0.239%, without obtaining a bicycle license from the front of the Jinju, which is located in the Jeju Han-si Forest in around 22:13, and from the front of the road from around 500 meters to the southwest-ro road in the same city, while under the influence of alcohol level to about 0.239%.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated the 49c motor bicycle without registration, which was not covered by mandatory insurance at the same place as at the time of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger (A);

1. Application of statutes on site photographs;

1. Article 148-2 (2) 1, 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 Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages (the point of operating a mandatory insurance) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each of the selective fines for punishment (referring to the reflection of each sentence and the fact that there is no past record of the same kind of crime);

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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