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(영문) 전주지방법원 2016.06.07 2015고단2173
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On September 15, 2015, the Defendant: (a) while under the influence of alcohol at around 09:35, the Defendant driven a BRavi other car at the section of approximately 2.5 km from the cultural plaza distance near the scopic scopic scopic scopic in the front city of the front city without a driver’s license to the front of the representative of the modern vehicle complete 255 km, as in the previous white scheme from around 09:174% of alcohol level among the blood transfusions.

2. The Defendant violated the Guarantee of Automobile Compensation Act, even though he was prohibited from operating a motor vehicle on the road which was not covered by mandatory insurance as an actual holder of the said motor vehicle, operated the said motor vehicle on the road, which was not covered by mandatory insurance by the said method.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, a vehicle and on-site photographs;

1. Reporting on the detection of a suspected violation of traffic laws (drinking, driving without a license) on roads;

1. The results of the report on detection of the driver at each driving school, the report on risk driving, the report on the circumstances of the driver at each driving school, the appearance, uniforms, language, and attitudes of the driver at each driving school;

1. Request for appraisal or response to a request for appraisal;

1. A report on internal investigation:

1. Inquiry into mandatory insurance;

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 152 subparagraph 1, 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 Commercial Competition;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. A summary of violation of the Road Traffic Act among the facts charged in the instant case is around September 15, 2015.

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