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(영문) 광주지방법원 2016.05.19 2016고정638

도로교통법위반(음주운전)등

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1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. On September 3, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on September 3, 2007, and KRW 2 million for the same crime at the Incheon District Court on September 27, 2007.

On October 22, 2015, around 15:45, the Defendant driven a gold farm road in Seo-gu, Seo-gu, Gwangju, with approximately 200 meters alcohol concentration of approximately 0.153% in blood from the 200-meter section to the east-gu, 131 in the same Gyeongyang-dong.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who has B 124cc.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the above Oral Ba, which was not covered by mandatory insurance, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of drivers of alcoholic beverages, inquiry into the results of crackdown on drinking driving, and inquiry into mandatory insurance;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and selection of fines, respectively;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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;