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(영문) 대전지방법원 2015.12.16 2015고정1079
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On June 19, 2014, the Defendant violated the Road Traffic Act (unlicensed driving and drunk driving) driving on the following: (a) around 21:35, the volume of approximately 1km from the Jungcheon-dong, Daejeon to the front of the D located in Daejeon Daejeon Seo-gu C, Daejeon, with no motor device and bicycle driver’s license; (b) while under the influence of alcohol 0.096% of the blood alcohol concentration without a motor device, the Defendant driven without registration.

(b) The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall be prohibited from operating the automobile, on which he/she has not subscribed to mandatory insurance on the road.

Nevertheless, the defendant is a defendant.

In the time and place of port, the above Oral Ba, which did not buy mandatory insurance, was operated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report on the actual condition of traffic accidents, report on the detection of a driver, and report on the circumstantial statement of a driver;

1. On-site photographs of traffic accidents;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, 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 (a point of driving without obtaining a license) concerning the same;

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

1. Selection of an 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the facts charged concerning the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act is criminal facts stated in the judgment.

The two-lanes of the D in front of the Daejeon metropolitan area C were driven at the time and place of the port, and the two-lanes of the C in front of the C, which were located in Samsung East-gu, Daejeon, using the two-lanes of the agricultural and fishery product protection area to the Samsung East-dong.

Nevertheless, the defendant's negligence of neglecting Jeonju-si, thereby proceeding as one-lane to the victim E (38 years old, South)'s right-hand part of the Fpoter cargo vehicle of the victim E (38 years old, South).

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