beta
(영문) 대전지방법원 2017.11.10 2017고정1262

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. A fine of 700,000 won or more for a violation of the Road Traffic Act by the Daejeon District Court on June 17, 2008 and the same year;

9.2. Persons who have record of being issued a summary order of a fine not exceeding 700,000 won by a violation of traffic laws at the Daejeon District Court;

Nevertheless, on July 18, 2017, the Defendant was under the influence of alcohol content of 0.081% during blood transfusion around 20:00, and operated C 125cc in the section of approximately 200 meters from the front of the 9-ri village hall in Geumsan-gun, Geumsan-gun to the front of the 247-ro of the same military base.

2. The Defendant who violated the Guarantee of Automobile Damage Compensation Act shall be prohibited from operating a motor vehicle, etc. on the road, which is owned by the owner of the motor vehicle, etc., but has not subscribed to mandatory insurance provided for in the Guarantee of Automobile Damage Compensation Act;

Nevertheless, the Defendant operated 1. The Defendant did not subscribe to mandatory insurance at the time, time, and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into mandatory insurance;

1. Investigation report (Attachment of the same summary order);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating the automobile on which mandatory insurance is not mandatory insurance) and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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;