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(영문) 창원지방법원 거창지원 2015.09.23 2015고정61
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 8, 2015, at around 21:12, the Defendant driven a motor bicycle at around 300 meters away from the parking lot of the Red Cross Hospital located in Chang-gu, Chang-gu, Chang-gu, Seoul, to the front road of the White Animal Hospital located in the same Eup Kimcheon-ri, and without obtaining a driver's license for a motor bicycle at around 300 meters. B City 100, where he was under the influence of alcohol with 0.113% under the influence of alcohol.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving without a license for a motorcycle), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be the concurrent crimes resulting from the crimes of violating the Guarantee of Automobile Accident Compensation Act, which are heavier than the punishment, and the punishment prescribed for the crimes of violating the Road Traffic Act];

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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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