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(영문) 전주지방법원 2016.01.26 2015고정949

도로교통법위반(음주운전)등

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 8, 2015, the Defendant was under the influence of around 23:35, the Defendant driven BM5 car at the distance of about 30 meters from the Moel parking lot located in Kim Jong-si, Kim Jong-si to the road next to the same Moel while under the influence of alcohol concentration of 0.129%.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant did not purchase mandatory insurance and operated the said car like the preceding paragraph at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person suspected of violating traffic Acts on roads;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A criminal investigation report (seven pages of investigation records), a criminal investigation report (driving distance);

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and selection of fines, respectively;

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;