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(영문) 인천지방법원 부천지원 2014.01.17 2013고정1954

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Liju and Unlicensed Driving) even though the validity of the driver’s license was suspended from August 28, 201 to December 5, 2011, the Defendant driving of B-on 5 meters from September 1, 201, while under the influence of alcohol at least 00:50% of the blood alcohol content, at around 0:125%, from September 1, 201, the Defendant was driving of B-on 1, from the front day of the 309 Samcheon-gu High River-gu High River 309 Samyang-gu, Gyeongcheon-gu to the front day of the 309 Samyang-do Operation.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who owns a freight truck B in salary. The liability insurance period of the said vehicle to which the Defendant subscribed was expired as of May 16, 201.

As such, no motor vehicle, which is not covered by mandatory insurance, shall operate on the road.

Nevertheless, at around 00:50 on September 1, 201, the Defendant driven the above B wing-off truck without mandatory insurance with approximately 5 meters section from the front day of the 309 Samyang-dong, Yacheon-gu, Yacheon-gu, 201 to the front day of the 309 Samyang-do operation.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of drivers, notification of completion of correction, circumstantial report of drivers, ledger of driver's licenses, details of disposition of suspension of driver's licenses, and application of Acts and subordinate statutes of the Mandatory Insurance Association;

1. Article 152 Subparag. 1 of the Act on the Guarantee of Automobile Accident Compensation (Amended by Act No. 11369, Feb. 22, 2012); Articles 152 Subparag. 1 and 43 of the Road Traffic Act, Articles 148-2 Subparag. 1 and 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Articles 46(2) and 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012); the choice of fines for respective types of fines

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.