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(영문) 인천지방법원 2016.07.25 2016고정1328

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. On February 16, 2016, the Defendant was under the influence of alcohol leveling 0.086% from the 2km section of approximately 2km to the road located in the south-gu Incheon Metropolitan City, Nam-gu, Nam-gu, Incheon, without a driver’s license on February 16, 2016, and the Defendant was under the influence of alcohol leveling 0.086% from the 2km section of alcohol leveling from the 2km to the road front of the 546 mountain resource.

2. The Defendant violated the Guarantee of Automobile Compensation Act, at the same time and place as the above paragraph (1) above, operated the said passenger car without mandatory insurance under the Guarantee of Automobile Compensation Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to AC and AD;

1. AE traffic accident statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the situation of the driving of a driver and a report on the detection of the driver;

1. Registers of inquiries about mandatory insurance and licenses;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each alternative fine for punishment;

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;