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(영문) 전주지방법원 2016.06.21 2016고정256

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On December 27, 2015, the Defendant was under the influence of alcohol level of 0.089% during blood transfusion around 18:30 on December 27, 2015, the Defendant driven two-wheeled two-wheeled vehicles BCA110 on the front side of the southwest-dong in the Jeonsan-gu, Jeonju City to the front side of the capital reduction of medicinal water base in the same West-dong.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated two CA110 two-wheeled automobiles that did not subscribe to mandatory insurance at the date, time, and place under Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, an accident scene, a vehicle photograph, and a report on the occurrence of a traffic accident;

1. Voluntary accompanying report;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, the appearance, uniforms, language, the result of attitude, and the ledger of use of the measuring instruments for drinking;

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

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 an automobile, the mandatory insurance of which 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;