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(영문) 인천지방법원 2014.07.28 2014고단3823
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of two low-priced passenger cars.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, around 22:40 on May 5, 2014, the Defendant operated a motor vehicle that was not covered by mandatory insurance by operating the said motor vehicle on the front of the Eunpyeong-gu Seoul Metropolitan Government 133 Young School.

B. Around 22:40 on May 5, 2014, the Defendant was driving a B low-end car with approximately 30 meters of alcohol content 0.062% in a state where he/she performed alcohol with alcohol content 0.062% in the same Gu from the contact point of Eunpyeong-gu Seoul Metropolitan City from the contact point of the Maamamamambro to the same Gu 133, and in front of the Young Middle School.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, and on the circumstantial statement of a drinking driver;

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

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for the violation of the Guarantee of Automobile Accident Compensation Act with heavy penalty);

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;

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