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(영문) 인천지방법원 부천지원 2017.02.08 2017고정33

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 24, 2016, the Defendant: (a) driven a BN-si car under the influence of alcohol leveling 0.128% from a section of approximately 800 meters to a point of approximately 840 meters, namely, from the 448-day, Nowon-gu, Seoul Special Metropolitan City to the 84-day old new interest.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the same time and place as Paragraph 1, operated a car owned by the Defendant himself, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking and statement of the situation of driving of drinking; and

1. Application of Acts and subordinate statutes to entry into mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to driving under drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, 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. 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;