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(영문) 전주지방법원 2014.01.03 2013고정1151

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 03:10 on March 17, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driven BM5 car on the front side of the Jinacheon-gu, Jincheon-gu, Seoul, under the influence of alcohol concentration of 0.102%.

2. No motor vehicle shall be operated on a road unless a mandatory insurance policy violates the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated the said automobile without mandatory insurance as provided in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the application of Acts and subordinate statutes of the Mandatory Insurance Association;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment, and selection of fines for each type of fine under the same Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (2) 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;