logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2015.04.08 2014고정128
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 14, 2014, at around 17:10 on August 14, 2014, the Defendant driven a multi-wheeled motor bicycle without obtaining a driver’s license from the front of the residence in Gohap-gun, Gyeongcheon-gun, to the front of the same girical road, and without obtaining a license from around 700 meters from the front of the same girical road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as the register of driver's licenses, etc.;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154, Article 43, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving a motorcycle without a license or a fine) of the Road Traffic Act, the appointment of a fine for driving a motorcycle with no mandatory insurance, and the selection of a fine);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum amount of both crimes] among concurrent crimes (limited to the maximum amount of both crimes) for concurrent crimes with the punishment determined for the violation of the Guarantee of Automobile Accident Compensation Act heavier than the penalty];

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On August 14, 2014, at around 17:10, the Defendant driven a multi-wheeled motor vehicle with no number of alcohol content 0.159% at a section of approximately 700 meters from the front of the dwelling site in Gohap-gun, Chungcheongnam-gun to the front of the same rilogic road.

2. If the investigating agency, without obtaining a warrant or a permit for appraisal disposition from the court, collected blood without the consent of the suspect and conducted an appraisal of the alcohol concentration using the blood of the suspect who forcedly collected blood without obtaining a warrant therefor ex post facto without delay, such appraisal report, etc. constitutes evidence collected or based on it in violation of the warrant requirement principle under the Criminal Procedure Act.

This procedure is due process.

arrow