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(영문) 창원지방법원 2017.09.28 2017고정651
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (drinking driving) is a person who is engaged in driving service with a 100cc sphode, which is an unregistered forest with no registration.

On June 20, 2017, while under the influence of alcohol content of 0.159% among the blood transfusions, the Defendant driven a 100-meter off-road around the Kimhae-si University located in Kimhae-si, Kimhae-si, and up to the front road of the Kimhae-si, the Defendant driven the above 100-meter off-land.

2. Defendant 1 driven a motor device bicycle at the time and place set forth in the above paragraph 1 without a motor device bicycle license.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the Oba under Paragraph 1, which was not covered by mandatory insurance at the date, time, and place of the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation; Articles 154 subparagraph 2 and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of each 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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