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(영문) 창원지방법원 2020.12.09 2020고단3467
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. The Defendant is a person who has been issued a summary order of a fine of two million won at the Changwon District Court on May 6, 2015 as a crime of violating the Road Traffic Act.

On October 2, 2020, at around 16:50, the Defendant driven a 110cc Oral oba while under the influence of alcohol with approximately 0.115% of alcohol level 0.15% in the section of approximately 6km from the front of C in Kimhae-si Kimhae-si, to the front of E in the Kimhae-si.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the above Oral Ba.

The Defendant driven the Defendant, without purchasing mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, statement of the state of drinking drivers, and investigation report; and

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), 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 choice of fines;

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

1. Articles 53 and 55 (1) 6 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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