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(영문) 광주지방법원 2015.11.26 2015고정1534
도로교통법위반(음주운전)등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 6, 2015, at around 18:05, the Defendant driven a 50c motor bicycle without registration, which was not covered by mandatory insurance, while under the influence of alcohol 0.197% at the section of approximately 200 meters prior to the previous Young-gun, Young-gun, the Defendant driven a 50c motor bicycle without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, driving license registers, mandatory insurance inquiries, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Relevant provisions of Article 148-2 (2) 2, 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 the main sentence of 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 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (Considering that there is a primary offense and a serious intellectual disability);

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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