beta
(영문) 서울서부지방법원 2015.05.14 2014고정1732

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 22:50 on May 7, 2014, the Defendant: (a) driven a Crashing vehicle while under the influence of alcohol of about 10 meters in blood alcohol concentration of about 0.128% at the front of the 330-1, Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government on the road.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the CRS which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, the applicable provision of the Act on the Guarantee of Automobile Accident Compensation (Amended by Act No. 12987, Jan. 6, 2015); the main provision of Article 46(2)2 and the main provision of Article 8 of the former Guarantee of Automobile Accident Compensation Act; and the selection of penalty for each fine;

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