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(영문) 서울중앙지방법원 2019.05.22 2019고단2275

자동차손해배상보장법위반등

Text

The sentence against the accused shall be determined as a fine of 3,00,000 (three million won).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

1. On February 21, 2019, the Defendant: (a) driven a motor bicycle at approximately 1.4 Km of CV125 meters in front of Jongno-gu Seoul, Jongno-gu, Seoul, while drinking alcohol content of 0.177%; (b) around February 21, 2019, the Defendant driven a motor bicycle at approximately 1.4m section in front of Jongno-gu, Seoul.

2. No owner of any motor vehicle, etc. violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle, etc. which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant operated a motorcycle which has not been covered by mandatory insurance at the time and place under the preceding paragraph on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report, traffic accident situation report, notification of the results of the drinking driving control, and circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to carphers, mandatory insurance associations, investigation reports (Attachment to mandatory insurance policies);

1. Relevant Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts; Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;