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(영문) 청주지방법원 영동지원 2018.01.18 2017고정50

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 July 4, 2017, the Defendant driven a large 100CC 10000, under the influence of alcohol leveling 0.37% of the blood alcohol level without a motor device’s driver’s license on the section of approximately 100 meters from the front of the fried west-gun, Chungcheongnam-gun, the front day of the liquidation 48-ro, the front day of the fried west-gun, the front day of the liquidation fright-gun, the front day of which, around 16:05, the Defendant was under the influence of alcohol leveling 0.37% of the blood alcohol level without a motor device.

2. Although the Defendant violated the Guarantee of Automobile Compensation Act, he/she should not operate a motor vehicle on the road, he/she operated the motor vehicle without 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 crackdown on drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act).

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

6. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

7. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”) of the Criminal Procedure Act (hereinafter “Aggravated Punishment Act”) was the higher level of alcohol concentration among the blood transfusion of the instant crime of driving alcohol.

Although the Defendant was sentenced to a fine due to the crime of drinking and driving without a license in 2009, he/she shall drive the instant drinking and drive without a license.