beta
(영문) 의정부지방법원 2018.02.22 2018고정102

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 11, 2017, the Defendant: (a) was driving a B-to-be car under the influence of alcohol level 0.116%, while under the influence of alcohol level 0.16%, from the Do in front of the Southern Sea-si, which is located in the Southern Sea-si, Sin-si, Sinri-si, to the 1400-o-si, Guri-si, Sinri-si.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated an automobile which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to inquire into the ledger of driver's licenses and information on non- mandatory insurance;

1. Article 148-2 (2) 2, Article 44-4 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152-1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46-2 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle with no mandatory insurance);

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

1. Selection of each alternative fine for punishment;

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. It is recognized that the Defendant committed the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act during the period of suspension of the execution of imprisonment with prison labor, etc. However, the Defendant’s mistake and reflects the fact that the Defendant was sentenced to imprisonment with prison labor due to the crime of drinking after driving the instant crime, etc., and the appellate trial is continuing after being sentenced to imprisonment with prison labor, the Defendant’s age, sex behavior, environment, etc. shall be determined as per Disposition.