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(영문) 수원지방법원 평택지원 2016.03.18 2016고정8

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A. On October 6, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving on a vehicle without a driver’s license around 00:28 on October 6, 2015, the Defendant driven B X-ray vehicle at approximately 120 meters from the same hour-based distance to the front of the station at the same time-based 120 SK oil station at approximately 40 meters, while under the influence of alcohol content 0.102% in the blood.

B. Although a person violating the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the Defendant operated B X-ex motor vehicle at the same time and place as that of the foregoing paragraph (a) without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravated punishment for concurrent crimes stipulated in a crime of violating the Guarantee of Compensation for Motor Vehicles, the heavier punishment shall be increased, but the lowest punishment shall be the same as that prescribed for a crime of violating the Road Traffic Act];

1. Article 53 and Article 55 (1) 6 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order