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(영문) 대구지방법원 김천지원 2017.12.19 2017고정550
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On September 20, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Act on Guarantee of Compensation for Automobile Damages, on September 20, 2017, operated a car at BN Sin in B, the Defendant, while under the influence of alcohol leveling 0.09% from blood level around 00:08 on September 20, 2017, and operated a car at B, the Defendant did not subscribe to mandatory insurance at approximately 100 meters from the front day of the apartment after the apartment site, on the road in the Gu-U.S. Nowon-gu, Seoul Special Metropolitan City, to the front day of the apartment site.

2. On October 23, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) around October 23, 2017, the Defendant operated the said car without mandatory insurance at approximately KRW 27 km section from the Defendant’s residence located in the Gu, Si, Si, si, Kimcheon-si, to the front parking lot of the Daegu District Public Prosecutor’s Office Kimcheon Branch Office, located in the Gu, Kimcheon-si, Kimcheon-si, Kimcheon-si, in around 33, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 2 and the main sentence of Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order: (a) the Defendant driven a car without mandatory insurance with drinking alcohol, thereby preventing the instant primary crime; (b) while attending the prosecutor’s office in order to undergo an investigation by the prosecutor, the Defendant committed the instant secondary crime by driving the said car without mandatory insurance.

The defendant has a history of criminal punishment on two occasions due to driving of alcohol.

However, the defendant is re-competing.

The Defendant was a motor vehicle after the second crime of this case.

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