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(영문) 수원지방법원 안산지원 2015.12.10 2015고정1497
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-wheeled vehicle with unregistered CITI 100cc or more.

1. On April 22, 2015, the Defendant driven the above 17 km from the front side of the Nam-gu Seo-gu, Incheon, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seogdong-dong, to the front side of the Yeong-dong, Seogdong-gu, Seogdong-dong, without a motorcycle driver’s license around 19:50 on April 22, 2015.

2. No person who has an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on the road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba, which was owned by the defendant, at the above date and at the above location, without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes described in the actual condition survey report, traffic accident occurrence report, report on detection of a primary driver, circumstantial report on a primary driver, the ledger of driver's licenses, the official notices given without registration, and medical insurance meetings;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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