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(영문) 전주지방법원 군산지원 2015.04.28 2014고정609

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the driver of the cargo vehicle B.

1. On October 13, 2013, at around 20:50, the Defendant driven B Poter cargo in the state of under the influence of alcohol content of about 500 meters from the five-lane road in the Sonsan City, which is located in the Sonsan Police Station, to the front parking lot of the traffic control system in the same Sinsan Police Station located in the same Sinsidong.

2. The Defendant operated a vehicle without mandatory insurance on the said vehicle at the time and place specified in the foregoing paragraph 1.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstantial statement, and report on the results of crackdown on drinking driving;

1. C’s statement;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to the Mandatory Insurance Council (Evidence No. 19 pages), notification to persons who violate the Guarantee of Automobile Accident Compensation Act;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of running a motor vehicle and the choice of a fine) and Articles 46 (2) and 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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