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(영문) 춘천지방법원 원주지원 2017.12.07 2017고단1001

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 7.5 million won.

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

Reasons

Punishment of the crime

1. On September 3, 2014, the Defendant issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking driving) to the original branch of the Chuncheon District Court on September 3, 2014; and on November 22, 2016, the same court issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (drinking driving).

On August 25, 2017, the Defendant driven a B SU125V two-wheeled vehicle in the section of approximately 200 meters from the high water site to the lower in the parallel of Pyeongtaek-dong in the original city under the influence of alcohol content 0.179% in the blood.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a two-wheeled automobile without mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the circumstances of driving on drinking, notification on the results of crackdown on driving on drinking, report on the circumstances of drivers on drinking, register of driver's licenses, and inquiry into mandatory insurance;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (13) to investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 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;

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

1. Selection of a fine for selective punishment (it shall be an offense committed during the period of repeated crime, however, considering the circumstances, such as the commission of a crime committed using Obaba, and the occurrence of a traffic accident while committing an offense);

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;