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(영문) 수원지방법원 2016.04.27 2016고단654

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] On August 1, 2013, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (driving), etc. at the Suwon Flag Flag, and on December 28, 2012, the Defendant was sentenced to a fine of KRW 8 months for a violation of road traffic law (driving driving) at the Suwon Flag Flag, etc. on December 28, 2012, and completed the execution of the sentence on October 4, 2013.

[Specific facts constituting a crime] On January 15, 2016, the Defendant driven an unregistered dynaf without registration, which was not covered by automobile mandatory insurance, in the state of under the influence of alcohol content of approximately 0.098% at a distance of about 200 meters from the roads in front of the agricultural village, which is located in the shooting distance of the Simtan-gu Seoul Metropolitan City, Suwon-si, Matan-si, Matan-si, to the intersection of the shooting distance in the same court.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal record A) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance);

1. Selection of each alternative fine for punishment (the selection of a fine shall be limited to only once, in consideration of the fact that the defendant's blood content did not reach 0.10%, and that the defendant's blood content did not reach 0.10%, and that the defendant's age, environment, and circumstances, etc. are taken into account, such as the fact that the defendant's registration of the error in this case was made immediately after the crime was committed, the mandatory insurance was subscribed, the fact that there was no record of criminal punishment for at least two years and three months after the execution of imprisonment with labor in the judgment was completed, and that there was no record of criminal punishment

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. Articles 70 and 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;