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(영문) 대구지방법원 2020.12.10 2020고단4840

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Around 03:40 on August 2, 2020, the Defendant driven a bus stops in front of the C University located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, B, from about 1km to the front day of the same city, the Defendant driven a 125cc motor bicycle without a license plate at about 0.201% of the blood alcohol content while under the influence of alcohol.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of a motorcycle as stated in paragraph (1).

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

Nevertheless, the Defendant operated the motorcycle specified in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of the actual survey report and photographs under the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of a sentence, and the selection of fines for a crime (the point of running a motor vehicle without mandatory insurance), 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

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. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, driven a motorcycle without mandatory insurance.

The blood alcohol concentration level was high so dangerous.

In light of the fact that an accident caused by drinking of this case suffers physical damage only to the defendant due to a single accident of the defendant and that there is no record of criminal punishment in the Republic of Korea, punishment shall be determined as per the disposition