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(영문) 서울중앙지방법원 2017.03.21 2017고단479
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On November 26, 2016, around 04:55, the Defendant driven a two-wheeled vehicle with alcohol content of about 0.138% in a section of about 900 meters from the 1900-distance south-ro 12nd in the south-ro, Seoul Special Metropolitan City, for the purpose of drinking alcohol leveling from the 3rd and south-ro 191-ro 12nd in the south-ro.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant was driving a two-wheeled automobile as stated in the above Paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the statutes governing a certificate for disuse of two-wheeled automobiles;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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