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(영문) 대구지방법원 의성지원 2014.12.11 2014고단272
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 25, 2014, the Defendant driven a motorcycle at a section of about 100 meters from the front of the entrance of the Gansung-gun, Gansung-gun, Gansung-gun, to the residents' self-governing center of the same Eup, while under the influence of alcohol by 0.32% of the blood alcohol concentration without a driver's license, around 17:35 on June 25, 2014.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a motorcycle that is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, the register of driver's licenses, and mandatory insurance;

1. Application of Acts and subordinate statutes to investigation reports (related to driving under the influence of alcohol and control of unlicensed licenses);

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) 2 and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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