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(영문) 창원지방법원 마산지원 2021.01.19 2020고정380
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On September 6, 2020, the Defendant operated a bicycle with a 500-meter alcohol concentration of 0.184% alcohol in the blood without a motor driver’s license from the front Do to E, which is around 500 meters from the Do to the point where the non-fluence of the trade name operated by C in the Gyeong-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-gun.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, on September 6, 2020, at around 13:30 on September 6, 2020, the Defendant operated a 50cc motor bicycle to the 50c motor device to which there is no number plate that was not covered by mandatory insurance from the front Do to the E located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Notification of a person in violation of the Automobile Management Act and subordinate statutes (Ordinance-Si/Gun);

1. Article 148-2 (3) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a bicycle without a license motor vehicle) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating a bicycle without mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of violation of the Road Traffic Act, between the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act (unlicensed Driving), and the crimes of electronic crimes with heavy punishment);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes for a violation of Road Traffic Act, with heavier punishment);

1. Article 70 of the Criminal Act to attract a workhouse.

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