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(영문) 수원지방법원 안산지원 2016.06.23 2016고단601

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 December 21, 2015, the Defendant violated the Road Traffic Act (drinking) operated B SP car with alcohol content of 0.148% while under the influence of alcohol from the entrance of the underground parking lot of the 79 Maria building at around 1km to the surrounding areas of the building from the day to the day of light lighting.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of BSP car.

The Defendant operated the said vehicle without mandatory insurance at approximately 1 km away from the entrance of the underground parking lot of the Mariaa Maria Building, 79, a day to the vicinity of the said building, at the time of lightlight time as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (Operation of Motor Vehicles which are not mandatory insurance);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of 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;