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(영문) 수원지방법원 여주지원 2021.01.26 2020고단1339
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 1, 2020, the Defendant driven a motor-free two-wheeled automobile (motor-free two-wheeled vehicle) with alcohol content of about 0.275% in the blood while under the influence of alcohol without obtaining a motor bicycle driver’s license from the front of the front of the front of the front of the front of the front of the road at around 14:00 on October 1, 2020.

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

Summary of Evidence

The application of the defendant's legal statement, actual survey report, the statement report on the situation of the driver of the State, notification of the discovery of the Oral Madon, the license ledger, the request for investigation cooperation (request for delivery of purchase details, such as mandatory insurance, etc.) by the law

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act (or crimes of violating road traffic laws and driving without licenses) and 50 of the same Act: Selection of a fine for negligence on which punishment is heavier than that provided for in the former sentence;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act ( space between the violation of Road Traffic Act and the violation of the Guarantee of Compensation for Motor Vehicle Damages)

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The reason why the sentence of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is considered to be a disadvantageous condition that makes it difficult to drinking for the reason of the sentencing, but the time limit and reflects, the primary offender is the first offender, and the damage to others has occurred.

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