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(영문) 인천지방법원 부천지원 2016.12.22 2016고정872
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 18, 2013, at around 01:10 on August 18, 2013, the Defendant operated a stove without a bicycle driver’s license in a state of under the influence of alcohol concentration of approximately 100 meters from the front of a restaurant located in the Don-ri, Don-ri, Don-ri, Kimpo-si, Gpo-si, Kimpo-si to the front of a restaurant located in the Don-ri, Donpo-si, Kimpo-si.

2. The Defendant violates the Guarantee of Automobile Accident Compensation Act is engaged in the operation of the UITI 100 Obane.

No person shall operate any automobile which is not covered by the mandatory insurance on a road.

Nevertheless, the Defendant, from the date in 2011 to August 18, 2013, operated without purchasing a mandatory insurance policy even if he/she had owned the above Obaba.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Investigation report (investigation into the portion not covered by mandatory insurance);

1. The circumstantial report on the driver, the report on detection of the driver without any license, the circumstantial report on the driver’s license, and the register of driver’s licenses;

1. Application of each statute on photographs;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, 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 concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

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 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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