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(영문) 인천지방법원 2018.02.12 2018고정214
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

The Defendant: (a) around 13:00 on November 24, 2017, at around 13:00, the Nam-gu Incheon Nam-ro, 50-3, a 16-ro, Nam-ro, Nam-gu, Incheon, to the 49-ro, Nam-ro, Nam-gu, Incheon, with approximately 500 meters alcohol content at about 0.120%, without obtaining a motor device bicycle driver’s license under the influence of alcohol content at about 500 meters from the 500-ro, Nam-gu, Incheon, to the 49-ro, Nam-ro, Nam-gu, Incheon, and without obtaining a motor device driver’s license

The driver drivens a wheeled motor motor bicycle).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as an accident scene photograph, a statement report on the situation of a driver driving, notification of the results of regulating drinking driving, and a driver's license register

1. Article 46 (2) 2, the main sentence of Article 8 (Operation of Motor Vehicles which are not Mandatory Insurance), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 (2) and 43 of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment;

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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