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(영문) 의정부지방법원 고양지원 2018.03.29 2018고정48
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On September 18, 2017, the Defendant driving a bicycle without a license for a motor device under the influence of alcohol level of about 0.10% in the section of approximately 700 meters from the 700-meter alcohol level to the front road of the D gas station located in the same Gu C at Seoyang-gu, Seoyang-gu, Seoul at around 21:40 on September 18, 2017, without obtaining a motor bicycle driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost a holder of the 49CC motor devices without registration.

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

Nevertheless, the Defendant operated the motor bicycle on September 18, 2017, which was not mandatory insurance on the front side of the D gas station located in Gyeyang-gu C at the time of ancientyang-gu around September 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Notification of a violation of the Automobile Management Act;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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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