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(영문) 대구지방법원 의성지원 2019.09.10 2019고단208

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 31, 2010, the defendant received a summary order of KRW 700,00 as a fine for a violation of the Road Traffic Act (driving) in the Family Court of Daegu on May 31, 2010.

1. The Defendant violated the Road Traffic Act (driving) but was under the influence of punishment as seen above, on August 3, 2019, driving D 100cc occ in the state of under the influence of alcohol 0.110% from the front day of the restaurant where the trade name in the Sung-gun of North Korea is unknown at around 21:26 on August 3, 2019 to the front day of C, while driving a 500cc occ occ in the state of under the influence of alcohol.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of D 100 c.

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

The Defendant, at the same time and at the same place, operated the above Oral Ba, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), mandatory insurance, and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines;

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) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the defendant's reflectivity, the records of drunk driving (two-time fines), the degree of drinking alcohol (0.110% in blood alcohol concentration) and the operational distance (500 meters in blood alcohol concentration).