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(영문) 광주지방법원 해남지원 2020.04.23 2020고정14
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around November 15, 2019, the Defendant driving a motor bicycle owned by himself/herself in a state of alcohol alcohol concentration of about 3 km from a fluence area to a road front of the entrance of village C at the south-Namnam-gun (hereinafter referred to as “fluence”) around November 16:27, 2019, while under the influence of alcohol content of about 0.129%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle which is not mandatory insurance as the owner of a DITI 100 motorcycle on the road, he operated the above motor vehicle without being covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of the red light (13 pages) of suspect licenses and computer records of vehicles and the mandatory insurance bureau (14 pages of investigation records) shall be made;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating motor bicycles not covered by mandatory insurance), and the selection of each fine;

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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