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(영문) 서울동부지방법원 2017.08.17 2017고단977
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On January 29, 2017, the Defendant driving a motor bicycle without a license plate at a distance of 500 meters from the front day of the Hanyang-dong High School in Seongdong-gu to the front day of the same Gu, Seongdong-gu, Seoul, to the 72nd day of the same Gu, with alcohol concentration of 0.135% under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost a holder of an engine-driven device without a license plate.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated a bicycle without purchasing mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a output of drinking;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of a certificate of abolition of use of a two-wheeled motor vehicle, mandatory insurance-related statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle which has not mandatory insurance)

1. Selection of each selective fine for punishment (the first offender and other relevant factors);

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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