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(영문) 서울중앙지방법원 2017.11.28 2017고정2391

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant of "2017 High 2391" is a person who drives CT100 Oral Ba without a unregistered number.

1. On January 18, 2017, the Defendant was under the influence of alcohol concentration of 0.060% among blood transfusions on January 18, 2017, the Defendant driven the above 500 meters obbbbin from the Seocho-gu Seoul Metropolitan Government Seocho-dong, to the front road of the Supreme Prosecutors’ Office located in the same Dong from the Seocho-gu Seocho-gu, Seoul Metropolitan City to the roads located in the same Dong.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the automobile in a state where he did not subscribe to mandatory insurance at the time, place, etc. of Paragraph (1).

The defendant of "2017 High 3056" is a person who owns and operates a unregistered CT10-wheeled vehicle.

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

Nevertheless, around 23:50 on March 30, 2017, the Defendant operated the two-wheeled vehicle without mandatory insurance from the vicinity of Seocho-gu Seoul Metropolitan Government Seocho-gu to the front road of Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the witness D;

1. The application of Acts and subordinate statutes to arrest and report the occurrence of police incidents, report on the situation of a driver of a driving, confirmation of collection of blood by a driver of a drinking alcohol, inquiry into the results of drinking regulation, notification of non-report, ledger of licenses, vehicle operation statement, copy of the ledger of payment notice of penalties, and copy of the report on detection of penalties;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of fines, respectively;

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.