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(영문) 창원지방법원 거창지원 2019.03.20 2019고정6

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around 18:55 on October 18, 2018, the Defendant was under the influence of alcohol at a level of 0.101% of blood alcohol concentration, the Defendant driven a FCA110 obb in the section of about 1km from the front of a restaurant located in Ccafeteria-gun, Gyeongnam-gun to the front of the E-lane in D.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the above otoba, which was not covered by mandatory insurance at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiries about the results of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized as the circumstances favorable to the defendant.

On the other hand, the drinking driving is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly. The occurrence of an accident that causes shocking the parts of the track which the defendant was driving, and the blood alcohol concentration in the defendant's blood alcohol concentration in the same or similar case is relatively high, the balance with the general sentencing in the same or similar case, the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., and other circumstances shown in the arguments in this case, such as the situation after the crime, etc., shall be determined as ordered.