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(영문) 창원지방법원 통영지원 2019.03.26 2018고정403
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On May 30, 2017, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving without a license for a motorcycle on or around 22:33, 2017, and driving a non-registered two-wheeled vehicle at the section of approximately 30 meters from “C” front of the “E” in the state of drinking alcohol concentration of 0.079%, to the front of “E” located in D.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, as the owner of a non-registered two-wheeled vehicle that was not covered by mandatory insurance, operated the two-wheeled vehicle as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the register of car driving licenses and mandatory insurance-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, 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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation to the extent that the penalty is added up to the maximum amount of the penalty for the violation of the Guarantee of Automobile Accident Compensation Act, whichever

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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