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(영문) 의정부지방법원 고양지원 2017.04.13 2017고정189
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant driving a bicycle without registration under the influence of 0.143% alcohol while under the influence of alcohol without obtaining a bicycle driver’s license from the section of approximately 600 meters from the section of the same 600 meters to the above B, via a road where it is impossible to know from the front of B at around 14:50 on August 31, 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has a bicycle with no registered 50cc motor device.

Defendant 1 operated an automobile that was not covered by mandatory insurance on the road in the same section as that of the above “1” on a day-to-day basis.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) 2, Article 154 subparagraph 2, and Article 43 of the Traffic Act concerning the facts constituting an offense, and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act (the operation of a motor vehicle with no mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

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

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