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(영문) 대구지방법원 상주지원 2012.06.14 2012고합30
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 21, 2012, the Defendant driven a number 100cc 0cc Austria under the influence of alcohol concentration of 0.212% without a driver’s license at a section of about 2km from the street above the Defendant’s residence in Ycheon-gun, Ycheon-gun B to the entrance of C.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 100cc U.S. On the above number 10cc.

Although anyone is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she operated the motor vehicle on the road without purchasing mandatory insurance at the above date, time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the circumstantial statement of a drinking driver, report on detection of each drinking driver, response to requests for appraisal, entry in the register of driver's licenses, and application of video-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on May 25, 2006 of the order of provisional payment is that there is no previous conviction except for a fine of KRW 700,000 for driving without a license.

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