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(영문) 수원지방법원 2014.03.27 2013고정2597

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 26, 201, the Defendant was under the influence of alcohol by 0.127% without a vehicle driver’s license on March 10, 201, the Defendant driving a approximately 4 kilometer from the Sinwon-gu Tho-gu Tho-gu Tho-dong to the 204nd day of the same city at the same time during the influence of alcohol by around 10:54.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of B automobile.

No owner of an automobile shall operate any automobile on the road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said automobile without mandatory insurance at the same time and place as above.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report, an employment report on an employment of an employee, and a report on the actual state of an employee;

1. Application of Acts and subordinate statutes to the driver's license ledger and compulsory insurance coverage protocol;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the same Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.