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(영문) 울산지방법원 2018.05.01 2017고정1194
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On August 24, 2015, the Defendant violated the Road Traffic Act (drinking, driving without a license), driving a 125cc motor vehicle, while under the influence of alcohol content 0.160%, without a motor device bicycle driver’s license, at a distance of about 600 meters from the front of the modern pharmacy located in the south-gu, Ulsan-gu, Chungcheongnam-gu, Seoul-do, under the influence of alcohol content 0.160%.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a two-wheeled automobile without a number of 125cc.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, he/she operated the two-wheeled motor vehicle that is not covered by mandatory insurance at the time of the act such as the above paragraph A.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to investigation report (investigation into the operation of automobiles which are not mandatory insurance);

1. Article 148-2 (2) 2, Article 44 (1) 2, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of a non-mandatory motor vehicle);

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

1. Selection of an 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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