beta
(영문) 인천지방법원 부천지원 2015.04.09 2014고정774

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood passenger vehicle.

1. Around November 17:10, 2012, the Defendant was driving the said vehicle under his/her own possession without a driver’s license, while under the influence of alcohol concentration of about 5km from the 17:10 on November 9, 2012 to the 48th national highways of the Gampo-si, Kimpo-si, Kimpo-si, Gopo-si, Gopo-si, Gopo-si.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle which is the owner of the aforementioned arburged motor vehicle and is not covered by mandatory insurance;

Nevertheless, at around November 9, 2012, the Defendant operated the said automobile that was not covered by mandatory insurance on the front side of the YY Kim Jong-si, Gyeonggi-si, Kim Jong-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the traffic accident report, report on the occurrence of a traffic accident, report on the detection of a drinking driver, certified copy of the usage register of a drinking measuring instrument, site photographs, mandatory insurance inquiry and mandatory insurance coverage;

1. Relevant Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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;