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(영문) 대전지방법원 2015.05.29 2014고정1962
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around November 22, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driven a 90cc-clotob in the state of under the influence of 0.134% of alcohol without obtaining a driver’s license on a section of about 20 meters from the trade name in front of a cafeteria located in the Daejeon Jung-gu Daejeon-gu to the front of the cafeteria Park in the same region without obtaining a driver’s license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a non-registered 90cc Marina.

The Defendant operated the above Oral Ba, which was not covered by mandatory insurance at the same time and place as the above 1.1.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. The register of driver's licenses: 1. Application of the Act and subordinate statutes on Investigation Report (Attachment to Force of Compulsory Insurance);

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, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment for a violation of Article 40 or 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without license) of the ordinary concurrent crimes;

1. Selection of each 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 (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order leads to the instant crime even though the Defendant had been punished several times due to drinking, unauthorized driving, etc., and the blood alcohol concentration is significant, and all kinds of sentencing conditions, such as the Defendant’s age, character and conduct, are considered as follows: (a) the applicable sentencing range is more than three million won but not more than 15 million won.

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