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(영문) 제주지방법원 2016.12.12 2016고정714
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On July 31, 2016, the Defendant violated the Road Traffic Act (driving and Driving without Driver’s License) without obtaining a motorcycle driver’s license on July 14, 2016. The Defendant driven a vehicle without registration 49cm in the section of about 1km from the front of his residence in Jeju City B to the road in front of 67 in the same city-ro, while under the influence of alcohol by 0.127%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the said unregistered 49cc.

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

Nevertheless, the Defendant operated the registered O2, which was not covered by mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Inquiry into the results of the crackdown on drinking driving, and notification of persons subject to the violation of the Automobile Management Act (unregistered substitutes);

1. Registers of driver's licenses (A and non-licenses);

1. Application of related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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