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(영문) 청주지방법원 2013.08.29 2013고정600
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On November 30, 2001, the defendant was issued a summary order of 1.5 million won by the Cheongju District Court to a fine for a violation of the Road Traffic Act, and a summary order of 700,000 won by a fine at the Cheongju District Court on June 23, 2003.

【Criminal Facts】

On May 30, 2013, at around 22:20, the Defendant driven a 49CC motorcycle that was not covered by mandatory insurance without obtaining a license from around 50 meters at a distance of about 50 meters from the front of the restaurant to the road located in 2716 of the Dobong-gu Seoul Metropolitan Government, the name of which is unknown on the Dogdong-dong 2716, and driving the 49CC motorcycle that was under the influence of alcohol content of 0.245%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A license, making an inquiry into the enemy;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, 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 Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Articles 40 and 40 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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the previous conviction was a relatively old one, the distance operated is a relatively short, the economic situation, and the fact that the defendant's economic situation is against the latter);

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;

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