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(영문) 대전지방법원 천안지원 2014.03.28 2014고정174
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives a vehicle BM520 vehicle in accordance with the Road Traffic Act.

On February 12, 2008, the Defendant was subject to a disposition of fine of KRW 2 million in the Third Class General Military Court in the Army due to a violation of the Road Traffic Act (driving) on February 12, 2008, and a person who was subject to a disposition of KRW 1,500,000 in the Daejeon District Court's Support for the Standan on August 13, 2013.

Although the Defendant had had a history of driving two or more times as above, on December 14, 2013, while under the influence of alcohol 0.063% at around 22:58, the Defendant driven the said vehicle owned by the Defendant, as the vehicle owned by the Defendant, approximately one kilometer from February 1, 2012, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Seoul Metropolitan City, to the front of the business office of the U.S. in direct mountain-do.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle which is not covered by mandatory insurance, was driving the said motor vehicle without mandatory insurance in the date, time and section of the place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Mandatory insurance policies;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of drinking and the choice of fines), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of failing to subscribe to mandatory insurance and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act, heavier than the punishment);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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