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(영문) 대전지방법원 천안지원 2017.04.20 2016고정727
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 23, 2016, the Defendant, while under the influence of alcohol at around 22:20 on July 23, 2016, operated, without a driver’s license, a bicycle for a motor vehicle with a width of about 2K meters in front of a restaurant located in Asan City, a hot spring town, in the direction of an Asan City, to the front day of the Africa Africa-dong Africa-dong Africa, without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a bicycle with a motor engine device in a state where mandatory insurance was not subscribed at the time, place, and section specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement (B);

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. On-site photographs;

1. Application of investigation report (no details of mandatory insurance coverage) Acts and subordinate statutes;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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. Considerations such as the process of detection of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the criminal records of the defendant, the defendant's health and property status, etc.

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