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(영문) 대전지방법원 논산지원 2016.01.26 2015고단576

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 5, 2007, the Defendant was issued a summary order of KRW 500,000, and a fine of KRW 2,000,000, on August 24, 2009, respectively, as a crime of violating the Road Traffic Act in the Daejeon District Court’s support. < Amended by Act No. 9534, Aug. 24, 2009>

1. On August 11, 2015, at around 00:50, the Defendant driven without registration Citice 110 Orala in a state of under the influence of alcohol 0.207% from a 1km section of approximately 1km to C in the front road located in Yansan-si, Seosan-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who committed a crime of violating the Road Traffic Act at least twice.

2. No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;

Nevertheless, on August 11, 2015, the Defendant operated the Obane as stated in paragraph 1, which was owned by the Defendant, who was not covered by mandatory insurance on the front road C located in Seosan-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the scene of an accident, a photograph of the scene of an accident, a report on the handling of reported cases, a notification on the results of crackdown on drinking driving, a report on the situation of a driver

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and an investigation report prepared by a court assistant to the prosecution (the confirmation of previous records);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referring to drinking) of the Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

2. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act with heavy punishment).

3. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are confined to a workhouse, have been sentenced to a fine on three occasions by driving alcohol.