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(영문) 수원지방법원 안산지원 2015.11.20 2015고단1110

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on February 20, 2013; on May 29, 2013, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving). On January 28, 2015, the same court was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (driving) and confirmed on February 5, 2015.

The defendant is a person who is engaged in driving of B-port cargo vehicles.

On December 11, 2014, the Defendant did not purchase a mandatory motor vehicle insurance policy, and without the driver’s license, driven the vehicle at approximately 1 km from the road located in the Silsi-dong in the Gyeonggi-si, Gyeonggi-si, the blood alcohol concentration of which is 0.228%, on the roads located in the same 1745-1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A drinking output paper;

1. Registers of driver's licenses and details of cancellation thereof;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to summary orders of the same kind of case), written judgments, and application of statutes governing the fixed date of judgment;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, 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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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