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(영문) 전주지방법원 2020.10.07 2020고정282

도로교통법위반(음주운전)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A. On April 13, 2020, at around 21:05, the Defendant driven a “C” restaurant near the B apartment located in the Jinando-gun located in North Korea, with an engine displacement of approximately 400 meters from the section of about 0.177% of alcohol concentration from the section of about 400 meters to the roads near the same military D, while under the influence of alcohol, the Defendant driven a CA 1105 Obaba.

B. A person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which was not covered by mandatory insurance, but the Defendant operated the above dial part, which was not covered by mandatory insurance, at the above date and place.

Summary of Evidence

1. Provisions of Acts and subordinate statutes governing the defendant's legal statement, reporting on the results of the drinking driving control, reporting on the situation of a drinking driver, making an inquiry into the situation, and applying photographs of mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines;

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;