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(영문) 창원지방법원 마산지원 2015.12.04 2015고정621
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On September 19:20 on September 8, 2015, the Defendant, while under the influence of alcohol at least 0.173% of the blood alcohol level, driven a 40-meter 100cc obab, without registration, from the front day of the high-speed point in the legal waters of the Haban-gun, Haban-gun to the front day of the Haban-gun located in the same Ri, under the influence of alcohol leveling 0.173%, without obtaining a driver’s license (driving without a license) and the Road Traffic Act (driving without a license).

2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, the Defendant, as a holder of the above Oral Ba, 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. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Photographss related to traffic accidents;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

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

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