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(영문) 대구지방법원 경주지원 2018.08.29 2018고정109
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 3, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (druning without a license) on the road from March 19:35, 2018, the Defendant driven a SYM Mio 50 Oro 20 Oro, without obtaining a motor device license on the section of approximately 300 meters of alcohol content from the 300-meter distance to the non-Korean SYMi 50 Oro 20 ooo, a bicycle license, while under the influence of alcohol content from the front of a hot spring site in the front of the non-Korean city in the same city.

2. No person shall operate any motor vehicle on a road which has not subscribed to mandatory insurance;

Nevertheless, the defendant operated SYM Mio 50 Oba with no number plate that did not purchase mandatory insurance at the time and place mentioned in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the motor vehicle driver's license ledger, blood alcohol appraisal certificates, and mandatory insurance-related Acts and subordinate statutes to the accused;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, 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 Commercial Competition;

1. Selection of an 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Provisional Payment Order has the same record as that of the accused, the sentencing of the accused should be determined as per the order by taking into account the elderly points, drinking volume, etc.

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