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(영문) 수원지방법원평택지원 2020.09.11 2020고단582
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 14, 2010, the Defendant was issued a summary order of a fine of KRW 7 million for violating the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site site.

1. On March 8, 2020, the Defendant driven a non-registered motorcycle under the influence of alcohol without obtaining a motorcycle driver’s license from around 14:10 on March 14, 2020 to around 10 meters from the roads near Pyeongtaek-si B to the roads near E in the same city.

2. No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant operated a unregistered motor bicycle not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Report on the circumstances of driving without a license and on the control site photograph;

1. Previous records of judgment: Criminal records, etc., an inquiry report, investigation report (verification of suspect's non-license and records of drinking driving), and application of statutes on attached data;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. A punishment provided for in Articles 40 and 50 (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act or a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. The Criminal Act for the detention of a workhouse;

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