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(영문) 대구지방법원 포항지원 2018.11.28 2018고정323

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 25, 2018, the Defendant driving a motor vehicle at approximately 1km section of approximately 0.120% of alcohol concentration C 0.120% under the influence of alcohol while under the influence of alcohol 0.120%, without obtaining a motor device license from the front side of the indoor town located in the south-gu Inter-west-gu, west-gu, west-do, north-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-do, west-do.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant, at the time, and at the place as described in paragraph 1 above, has driven C 124C studio, which was not covered by mandatory insurance, as described in paragraph 1 above.

Accordingly, the defendant, as a motor vehicle owner, operated a dial part which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire into non- mandatory insurance information;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;