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(영문) 서울북부지방법원 2016.01.13 2015고정2673

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

1. On October 9, 2015, the Defendant, while under the influence of alcohol 0.162% during blood transfusion on October 21, 2015, driven a vehicle of approximately two meters B m from the street in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Nowon-gu, with approximately 495 meters from the street.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) the Defendant owned B Poter Cargo and operated the said Poter without mandatory insurance at the time and place under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Reference to a request for appraisal, a report on detection of a primary driver (blood collection), a inquiry about the results of crackdown on driving alcohol (blood collection), and a report on investigation (official application of the aforementioned drone mark);

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

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and selection of fines, respectively;

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;