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(영문) 서울중앙지방법원 2017.05.10 2017고정336
도로교통법위반(음주운전)등
Text

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

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

Reasons

Criminal facts

1. On November 20, 2016, the Defendant: (a) while under the influence of alcohol at around 05:19 around 05:19, the Defendant driven a bicycle of approximately 9 km quantity B motor vehicle from the vicinity of the Mapo Station in Seoul, to the 244th road in the Jongno-gu Seoul, Jongno-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Compensation Act, who is a bicycle with the above motor device, operated the bicycle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written consent to blood collection and a written appraisal of alcohol during blood transfusion;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

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

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