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(영문) 서울북부지방법원 2016.09.22 2016고정718

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

1. On October 12, 2015, the Defendant: (a) driven the said vehicle as a driver of BMF5 vehicle; (b) around October 23:50, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.121% in the blood alcohol level from the road near the upper wing Station in Seoul, Jung-gu, Seoul to the 277 front road at the same network-ro.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) the owner of an automobile owned by the owner of the automobile under the preceding paragraph; and (b) the said automobile was operated without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the disclosure of drivers engaged in the primary business, report on the circumstances of drivers engaged in the primary business, and 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;