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(영문) 인천지방법원 2020.12.22 2020고정878

도로교통법위반(음주운전)등

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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. Around 18:37 July 24, 2019, the Defendant driven Epoter cargo under the influence of alcohol, the blood alcohol concentration of which is 0.050% at the section of approximately 2.5km from the roads near Bupyeong-gu, Incheon, Bupyeong-gu, to the front roads in Bupyeong-gu C.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of a cargo vehicle.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated the freight truck which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement of the circumstances of the police suspect interrogation protocol against the accused;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 3, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act, and 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;