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(영문) 수원지방법원 2014.06.12 2014고정635
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, 50,000 won.

Reasons

Punishment of the crime

1. Around 17:30 on October 25, 2013, the Defendant driven approximately 2 meters of the registration 100CC under the influence of alcohol 0.207% in front of the arms and horses located in the original dong of Osan-si on the street.

2. On October 25, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving around 17:30 on October 25, 2013, the Defendant driven a 100-CC 100-meter metres from the street in front of the two apartment commercial buildings located in Osan-si, Seoul-si without a bicycle driver’s license to the upper street in the same city.

3. A person violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating the Oral Ba, which was not covered by mandatory insurance on the road, on October 25, 2013. However, the Defendant operated the 100CC, which was without registration owned by the Defendant from the front floor of the 2nd apartment commercial building located in the Hasan-si, Busan-si, to the front floor of the 17:30 on October 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes, such as a report on proper launch of a drinking driver, a report on the status of a drinking driver, the ledger of driver's licenses, and information on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 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, the selection of penalties for a crime;

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) 6 of the Criminal Act for discretionary mitigation;

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

1. Partial reduction of fines prescribed by the summary order in consideration of the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant, driving distance, and there is no record of punishment for the same kind of crime.

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