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(영문) 수원지방법원 평택지원 2015.04.01 2014고정457
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 28, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Suwon District Court’s Eunpyeong site on September 28, 201, and two years of suspension of execution was sentenced to suspension of execution on September 28, 2012.

The defendant is a person who drives a unregistered 50CC in the course of business.

1. On August 4, 2012, while under the influence of alcohol at around 20:42, the Defendant driven the pertinent non-registered 50CC at approximately 200 meters in front of Pyeongtaek-si, the 298-1 Jamban-ri Cheong-ri, the front line at the front of the Jamban-ri Cheong-ri, the 298-1 Jamban-ri, the front line at which the Defendant driven the 50CC at around 200 meters of alcohol level.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which was not covered by mandatory insurance, was driving a motor vehicle in a non-life insurance condition because he did not purchase mandatory insurance despite being unable to operate the motor vehicle on the road.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Verifying the details of the defendant's insurance coverage;

1. Previous records: Criminal history records, inquiry reports, copies of judgments, and application of Acts and subordinate statutes;

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) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

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

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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