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(영문) 인천지방법원 2020.08.19 2020고단4191
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2019, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Vice-Support.

【Criminal Facts】

1. From March 26, 2020 to the road located in Michuhol-gu Incheon Metropolitan City B on March 21, 2020, the Defendant was driving a DNA car while under the influence of alcohol 0.147% with a blood alcohol concentration of about 30 meters from the 30m section to the road located in the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DNA car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car without mandatory insurance at the same time and place as the above 1. Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance reports on the results of crackdown on drinking driving, and on the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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

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

1. Article 53 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was repeated even if the Defendant was punished for driving under drinking and driving without mandatory insurance.

The fact that the defendant does not drive under the influence of alcohol is considered as a favorable factor, and Article 51 of the Criminal Act, which is shown in the records of this case, such as the concentration of blood alcohol, the background leading up to the operation, the age, character and conduct of the defendant, and the environment.

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