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(영문) 수원지방법원 성남지원 2015.10.21 2015고단1552
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On July 23, 2015, at around 23:40, the Defendant driven a motor device bicycle not covered by mandatory insurance in a state of alcohol alcohol concentration of approximately 13 km from the front of the Jung-gu Office in Seongbuk-gu, Sungnam-si to the front road of the 127 Gwangju-si, Gwangju-si, to the previous road of the 127 Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial report of an employee;

1. A written request for appraisal, a written report and an appraisal report;

1. A report on detection of a de facto driver (blood collection result);

1. Application of Acts and subordinate statutes to investigation reports (to attach mandatory insurance records);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose a penalty (the point of drinking and the choice of imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53, Article 55 (1) 3, and 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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

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