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(영문) 수원지방법원 2014.08.20 2014고단3377
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

On October 13, 2006, the Defendant issued a summary order of KRW 3 million with a fine of KRW 2.5 million at the Suwon District Court on September 25, 2009, with a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on September 25, 2009.

1. On May 24, 2014, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a sub-wheeled vehicle B in the section of about 2 km from the front side of the Hegyeong-gu river in the Suwon-si, the Hegyeong-gu, the river in the form of alcohol of 0.123% of alcohol level on May 24, 2014 to the 1st day of the Hangcheon-ro, the same 11-lane.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle not covered by mandatory insurance;

Nevertheless, at around 14:25 on May 24, 2014, the Defendant operated a judi-wheeled vehicle not covered by mandatory insurance on the 11th road in Suwon-gu, Suwon-gu, Suwon-si, Suwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

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

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

1. Selection of a fine, taking into account all the circumstances, including the fact that the defendant, who was selected to have been punished for drinking and driving without a license five times, has no record of punishment for drinking and driving without a license since 2009, his mistake is divided, and driving of a motor vehicle is a motor bicycle, not a motor vehicle;

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

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

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