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(영문) 서울서부지방법원 2014.07.22 2014고단462
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 6, 2013, at around 23:48, the Defendant driven a motor bicycle without registration (49c) owned by the Defendant, while under the influence of alcohol the volume of approximately 4 kilometers of which is about 0.157% of blood alcohol content, on the front of a restaurant located around the Red Dokdong, Seodaemun-gu, Seoul, Seoul, with the same 941 front road, which is the place where the traffic accident occurred.

2. Although the Defendant was prohibited from operating a motor vehicle not covered by mandatory insurance on the road, the Defendant operated a non-registered 49CC-wheeled vehicle on the same date and distance as the foregoing 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a de facto driver (blood collection result) and report on the circumstantial statement of the de facto driver;

1. Written request for appraisal, and mandatory insurance;

1. Application of Acts and subordinate statutes to investigation reports (Application of the Tramark Official Form);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 46 subparagraph 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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

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