logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.11.16 2017고정911
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On March 13, 2009, the defendants are those who have more than twice the previous convictions of the same kind, such as being sentenced to a fine of two million won due to a crime of violating the Road Traffic Act, etc. at the Daejeon District Court on March 13, 2009;

On March 12, 2016, the Defendant driven an unregistered 49cc diabane without a driver’s license, while under the influence of alcohol leveling 0.129% in blood on the front side of the Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do., the Defendant driven an unregistered 49cc obane without a driver’s license.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on the same date and time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A written inquiry about the results of crackdown on driving under drinking and inquiry about criminal history;

1. Each internal investigation report and each investigation report;

1. Application of non-reported notice, driver's license ledger, and mandatory insurance-related Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is identical to that of the defendant in the provisional payment order, taking into account the circumstances that are disadvantageous to drinking values, but the errors are recognized, and the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, etc. are considered.

arrow