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(영문) 창원지방법원 2018.12.14 2018고단1285

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grand bus in Grandland.

On April 14, 2018, the Defendant driven the above van that was not covered by mandatory insurance in the state of alcohol concentration of 0.265% in blood on a one-lane road in Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si.

Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol and operated a motor vehicle with no mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (report on the situation of the driver in charge of the main duty and a written estimate attached to the victim), the driver in charge of the main duty, and the report on the situation of the main duty driver;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

1. Mandatory insurance inquiries;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article of the Act and the main sentence of Article 148-2 of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) (Selection of a fine) of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act (the point of operating an automobile, which is not mandatory insurance, and the choice of a fine);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, is that the Defendant without permission, while driving a motor vehicle that was not covered by mandatory insurance while under the influence of heavy alcohol, has caused an accident involving freight vehicles parked on the side while causing physical damage to others. As such, the issue is not easy.

In particular, the defendant committed the same re-offending during the period of the suspension of the execution of imprisonment due to an accident that happens while driving alcohol, and the defendant committed the same crime in only one month since he/she newly acquired a license.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The age is one of the personal factors.