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(영문) 광주지방법원목포지원 2020.09.25 2020고정44
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who has and drives a 50CC motorcycle. A.

On July 23, 2019, the Defendant driving the above motorcycle under the influence of alcohol concentration of 0.241% on July 19, 2019, and driving approximately 1 km from the front of Yong-Namamamamamb to the front road.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act.

At the time and place stated in the subsection, the above motorcycle which is not covered by mandatory insurance was operated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, on-site evidence and photographs of the traffic accident, investigation report, report on the circumstantial statement of a drinking driver, report on the results of the drinking driving control, notification of the results of the investigation report (verification of the video of a witness) and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 148-2 (3) 1 of the Road Traffic Act (the point of running sound driving), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance vehicles), 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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