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(영문) 인천지방법원부천지원 2020.10.27 2020고단998
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 03:40 on November 28, 2019, the Defendant, while under the influence of alcohol at 0.093% of blood alcohol level, driven a Brash van on the road of approximately nine kilometers in the section from the front of the Mapo-si, Mapo-si, Mapo-si, Kimpo-si, Kimpo-si, Mapo-si, and the front of the Hapo-ri, Mapo-ri, Mapo-si.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of a Malaysia vehicle.

No person who owns a motor vehicle shall operate any motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, the Defendant driven the above racul vehicle without being covered by mandatory insurance at the time and place mentioned in the above 1. Paragraph 1.

Summary of Evidence

1. Report on the legal statement of the accused's driver, circumstantial statement, and notification of the result of the drinking driving control;

1. A traffic accident report, a survey report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a written agreement for estimate and confirmation of damage to the scene of the accident, the ledger of driver's license for motor vehicles, a tea comparison, and mandatory insurance (no details of purchase of insurance by the accused are available);

1. Each report on internal investigation (with respect to telephone conversations with the owner of a vehicle driven by a suspected victim, with respect to compensation for damage caused by an accident by the suspected victim, the application of Acts and subordinate statutes to each report on investigation (with respect to reporting on the situation of the driver and voluntary cancellation of the suspect vehicle).

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is mandatory insurance in the state of drinking.

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