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(영문) 창원지방법원 2017.01.18 2016고정1124
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 16, 2016, the Defendant was under the influence of alcohol 01:5 on September 16, 2016, and around 01:139% of the alcohol content during blood transfusion, the Defendant driven a 125cc croto, not a number plateed from the front city’s pay parking lot adjacent to the Bank of Korea located in the new line of Changwon-si, the window of Changwon-si to the viewing plaza access road at the center of Changwon-si.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of 125cc Oral land without a number plate.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the disclosure of the circumstances of the driver involved in the primary business, reports on the detection of the driver involved in the primary business, field photographs and mandatory insurance;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

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. Articles 53 and 55(1)6 of the Criminal Act (i.e., the primary offender, the reflects the primary offender, the parent of the defendant is a recipient of basic living, the defendant's age is his age, and the defendant has no economic ability as a student, etc.);

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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