beta
(영문) 대구지방법원 안동지원 2020.06.03 2019고단968

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 14, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Daegu District Court's Ansan Branch.

【Criminal Facts】

On November 1, 2019, at around 17:55, the Defendant driven the BSU125 Orabab, which was not covered by mandatory insurance in the state of alcohol with approximately KRW 2 km from the entrance of the life-saving tunnel, within the limit of approximately 141 to the SU125 Orabab, within the limit of approximately 0.041% of blood alcohol concentration, from the shooting distance of the Andong-si, Andong-si.

As a result, the Defendant violated the regulations on prohibition of drinking driving at least twice, and operated an automobile insurance without being subscribed to.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (for personal damage of a victim vehicle C driver and his/her passengers), an investigation report (for example, CDs that store an accident video recorded in the C Bbbox), criminal place, reporting on the occurrence of a traffic accident, notification on the results of the drinking driving control, notification on the results of an investigation (report on the situation of a driver), fact-finding report, fact-finding report, investigation report (Attachment to B car inquiry and mandatory insurance data), investigation report (for example, attachment to the ledger of driver's license);

1. Previous convictions indicated in judgment: Criminal records and investigation reports (applicable to criminal records and investigation reports by a suspect, and previous records of violation of the Guarantee of Automobile Accident Compensation Act);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for driving a motor vehicle, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of failing to subscribe to mandatory insurance, the selection of fines);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to twenty thousand won; and

2. Non-application of the sentencing criteria: An unestablished crime;