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(영문) 수원지방법원 안산지원 2020.01.31 2019고단4490

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On May 17, 2016, the Defendant was issued a summary order of KRW 3 million by a fine for the violation of the Road Traffic Act due to the crimes of violation of the Road Traffic Act, etc. at an Ansan District Court’s Ansan Branch.

At around 17:20 on September 23, 2019, the Defendant, without obtaining a motorcycle driver’s license, driven approximately 100 meters ECA 1105 Meba while under the influence of alcohol with a blood alcohol level of 0.128%, from the front road located in Ansan-si, Ansan-si, B until the front road of the same Gu D.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice, and at the same time, he driven the above motorcycle without obtaining a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is an ECA110V holder.

No holder of Oral Ba shall operate Oral Ba which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, report on the circumstantial statement of a driver, ledger of driver's license, medical insurance, inquiry into insurance coverage, criminal records, etc.;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there are only one criminal records of the same kind in sentencing, and that blood alcohol concentration is high is disadvantageous.

However, punishment exceeding a fine shall be imposed.