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(영문) 광주지방법원 순천지원 2013.11.13 2013고정624
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 80,000 won.

Reasons

Punishment of the crime

1. At around 12:55 on June 28, 2013, the Defendant driving a drinking or non-exclusive license driving: (a) approximately 2 km from the Cheongak-gun, Goak-gun, Goak-gun to the front road of the Central Pharmacy located in Goung-gun, Goung-gun, Goung-gun, to the front of the Korean pharmacy located in Goung-dong, Goung-dong, Goung-gun, and (b) under the influence of alcohol concentration of about 0.238% without a bicycle driver’s license.

2. The Defendant of the Guarantee of Automobile Accident Compensation Act holds B large 120cc occ albane vehicles.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she was driving in the same manner as the above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. The circumstantial statement of the employee;

1. Inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. A report on investigation (on the driving distance of a towed vehicle);

1. Mandatory insurance policies;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between the points of violation of each Road Traffic Act);

1. Selection of each alternative fine for punishment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the blood alcohol content is 0.238% at the time of committing a crime for sentencing, and there is no high-quality driver's license for a motor device bicycle at the time of committing a crime, and the quality of the crime is less than that of the crime such as four times of identical power, but there is no criminal power after 199, and taking into account the Defendant's age, economic circumstances, etc.

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