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(영문) 서울북부지방법원 2020.11.26 2020고단2069

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 11, 2018, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”). On January 16, 2020, the Defendant was sentenced to a suspended sentence of two years and a fine of one million won for the same act of assault, etc. in the same court on August 24, 2020, and is still under the suspended sentence.

【Criminal Facts】

1. Around 07:15 on February 18, 2020, the Defendant used without obtaining a driver’s license from the front side of the B apartment in Gangnam-gu Seoul, Seoul to the front side of the same Gu, and driving without obtaining a driver’s license at approximately one kilometer and at approximately 0.235% of the blood alcohol concentration while under the influence of alcohol at about 125:0,000,000,000,000.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the time and place indicated in paragraph (1), operated Oral Ba at 125 cc. al. of registration without mandatory insurance, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant’s legal statement, traffic accident report, actual condition report, circumstantial statement, investigation report, driver’s license register, accident-related photographs and accident video CDs, presentation report on appraisal request, and blood alcohol exposure appraisal report, and mandatory insurance contract history inquiry;

1. Previouss before judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Selection of a fine, respectively, for an optional sentence, under Articles 40 and 50 of the Criminal Act ( mutually between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (Unlicensed Operation));

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;