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(영문) 대전지방법원 공주지원 2020.01.31 2019고단397
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No motor vehicle owner shall operate a motor vehicle with no mandatory insurance.

Nevertheless, without obtaining a driver's license, the Defendant revised and recognized the facts charged at around 12:0-12:40 on September 21, 2019, while the driving time was at around 13:15.

From the front of the “C” road in Chungcheong-gun B, to the front road of the “E” located in D, 50c motor bicycles not covered by mandatory insurance at approximately 1 km section.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and G;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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. The sentence shall be determined as per the order, comprehensively taking into account the following factors: (a) the case of driving a motorcycle for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the distance from driving is not long; (c) the crimes committed during the period of probation; (d) the criminal records due to a large number of violation of the Road Traffic Act; and (e) the Defendant’s age, character and behavior, environment

The acquittal portion

1. On September 5, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court on September 5, 2013.

Nevertheless, at around 13:15 on September 21, 2019, the Defendant driven a motorcycle with no license plate in the state of alcohol alcohol concentration of approximately 0.034% from the section of about 1km to the front road of “E” located in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun.

This is the defendant.

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