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(영문) 광주지방법원순천지원 2020.11.25 2020고단1850

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 21:00 on June 7, 2020, the Defendant driven a DNA strawing car with the blood alcohol concentration of about 0.138% at a distance of about 100 meters from the 100m to the Yacheon-si B restaurant in Macheon-si.

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

The Defendant operated the said rocketing car which was not covered by mandatory insurance at the same time and place as stated in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which is not mandatory insurance), each fine (the point of recognizing and opposing the defendant's mistake, the first offender who has no criminal power in the past, the transfer of the vehicle, the fact that the vehicle is not re-offending while transferring the vehicle, the traffic accident seems to have occurred due to the fault of the other party, the fact that the traffic accident appears to have occurred due to the fault of the other party, the fact that the third child is raised after the divorce, the distance

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;