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(영문) 대구지방법원 의성지원 2019.07.04 2019고정4
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:30 on May 10, 2018, the Defendant driven the E SL125.9c. 124.9c. 124.9c. 125 without a motorcycle driver’s license, while under the influence of alcohol, the Defendant driven the 0.153% alcohol level from the 4km section from the 4km section to the 4km section from the cafeteria, located in the Gyeongbuk-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of an error under paragraph (1).

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Notification of the results of the regulation of drinking driving, inquiry request for appraisal, and report on the detection of drinking drivers;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

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

1. In particular, the degree and distance of the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order shall be taken into account in relation to equity with the criminal punishment for similar crimes, including the defendant’s previous records (two times of fines), the minimum applicable sentences (three million won of fines), and the amount of the criminal punishment for similar

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