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(영문) 의정부지방법원 2015.01.30 2014고단4493
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,500,000.

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

Reasons

Punishment of the crime

1. On October 4, 2014, the Defendant driving a motor long-term bicycle without obtaining a motor and long-term driver’s license for the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license). On October 4, 2014, the Defendant driven from around the dry field located in the Gyeonggi-gun, Gyeonggi-do, Macheon-gun, Gyeonggi-do, to the front day of the 1km-do, Gyeonggi-do, Macheon-gun, Gyeonggi-do, to the front day of the Masan-do, Gyeonggi-do.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by the mandatory insurance of automobile;

On October 4, 2014, at around 16:45, the Defendant driven a dry field 150cc-pick-type off, which was not covered by automobile insurance, from a dry field front of the dry field located in the Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, Incheon-do, to a rooftop mountain road in the Gyeonggi-do, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that even if a defendant was sentenced to the suspension of the execution of ten months on April 3, 2014 due to a violation of the Road Traffic Act (driving) and was sentenced to the suspension of the execution of two years on April 3, 2014, he/she again commits a second offense on the same part of the same year without being sentenced to the suspension of the execution of

On the other hand, the crime is recognized.

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