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(영문) 서울남부지방법원 2013.08.29 2013고정2271

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 24, 2013, the Defendant driven at the section of approximately 1km from the street in front of the bank tree distance in Geumcheon-dong, Geumcheon-gu, Seoul to the street in front of the city interest 883 Si interesting street, while under the influence of alcohol at around 0.26% of the blood alcohol concentration on April 24, 2013.

2. The Defendant, who has not subscribed to mandatory insurance, operated the above otoba, which was not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of measurement of drinking alcohol;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

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

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act heavier than that of a punishment) (the punishment imposed on a public prosecutor has been prosecuted for an ordinary concurrent crime, and such public prosecutor has not been punished as more substantive concurrent crimes disadvantageous to the defendant);

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant has no same type of power, is in depth and suffers from delay as a basic recipient);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.