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(영문) 수원지방법원 평택지원 2017.08.03 2016고정726
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A. On October 2, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving on the vehicle without a driver’s license, driving C C CT 100 occin vehicles without a driver’s license, while under the influence of alcohol content 0.122 percent in blood, and at the same time, C CT 10 occin vehicles, without a driver’s license, were under the influence of alcohol content 0.5 percent in the same manner as Flue-si B around the time of 11:50 on October 2, 2016.

B. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of CT 100 Oral Baba vehicle.

The owner of a vehicle, when he/she intends to operate a vehicle on the road, shall subscribe to mandatory insurance and operate the vehicle, but he/she operated the vehicle at the same distance of the day, such as the foregoing paragraph (a) in the mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report, traffic accident report, and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 (the point of driving a motor device or bicycle without a license) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 (the point of not mandatory insurance) of the Guarantee of Automobile Compensation Act;

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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