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(영문) 대전지방법원 천안지원 2014.07.24 2014고정499
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

On December 28, 2013, at around 21:00, the Defendant, without a motorcycle driver’s license, driven the Defendant’s without registration, whose portion of distance of 1 km is not covered by mandatory insurance from the front day of the head office in the name of the Sung-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the roads adjacent to the intersection of the same salary string distance, while under the influence of 0.259% alcohol level in blood.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the register of driver's licenses, a report on detection of a drinking driver, a ledger using a drinking measuring instrument, notification on detection of unpaid vehicles for two-wheeled automobiles;

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 concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving without a license), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (mutual crimes of violation of the Road Traffic Act due to drinking at the time of market and driving without a license: Punishment prescribed for the violation of the Road Traffic Act due to a drinking without heavier punishment, but selection of fines);

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 prescribed for a crime of violating the Road Traffic Act which is heavier than the punishment);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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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