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(영문) 서울동부지방법원 2017.08.11 2017고정531
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is almost one holder of the 124cc liquid motor device that is not registered with the authority.

1. On October 28, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) provided that the Defendant was under the influence of alcohol by 0.070% of alcohol concentration in the blood, without obtaining a license for driving a motor device with a light engine on October 28, 2015, and operated the bicycle at the section of approximately 200 meters in front of the Seoul Seongdong-dong-dong 9, Seongdong-gu, Seongdong-gu, Seoul to the front road of the 258-do-Uon-dong, Seongdong-gu, Seoul.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the motor bicycle that was not covered by mandatory insurance at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the history of drinking-free measuring instruments and the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile by which the mandatory insurance is not carried);

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (driving without a license): Punishment provided for 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 of concurrent crimes within the extent that the punishment is added up the maximum term of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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