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(영문) 울산지방법원 2018.11.30 2018고단2899
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

1. On September 4, 2018, the Defendant driving a motor vehicle at approximately 1.5km section from the south-gu, Ulsan-gu, Seoul-gu, Seoul-do, to the front road on September 4, 2018 without obtaining a motor device bicycle driver’s license, and driving a motor vehicle with no number plate in the state of alcohol 0.169% while under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Orala as stated in paragraph (1).

No person shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the Obane as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, report on the situation of driving at home, report on the situation of driving at home, report on the situation of a driver at home, report on the result of regulating drinking driving, notification to the department concerned with 112 Report, notification of detection of violation of the Automobile Management Act, notification of detection of violation of the Motor Vehicle Management Act

1. Driving under the relevant legal provision on criminal facts: The occupation of driving without a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the Road Traffic Act: The occupation of operating a vehicle with no mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (driving without a license): Punishment provided for the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [limited to the aggravated punishment for concurrent crimes resulting from the violation of the Compensation for Motor Vehicle Damage Act, the heavier punishment shall be aggravated, but the lower limit of punishment shall apply to the crimes prescribed for the violation of the Road Traffic Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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