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(영문) 수원지방법원안양지원 2020.09.18 2020고단895
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2013, the Defendant was issued a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on November 29, 2013.

【Criminal Facts】

1. Around 16:23 April 25, 2020, the Defendant driven a 49c motor bicycle under the influence of alcohol at the 1km section of approximately 0.052% of the blood alcohol concentration from the road located in Ansan-si B to the road located in the same Gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the motor bicycle as stated in the above paragraph (1), operated the said motor bicycle which was not covered by mandatory insurance at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Notification of the result of the drinking driving control;

1. An inquiry into the enemy, an insurance development institute connection inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, 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;

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. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of five million won to fifteen million won;

2. Although the Defendant, who was sentenced to a sentence, once a fine due to drinking driving, once again operated a motor vehicle which was not covered by mandatory insurance in a state of drinking, the error is against the law, the drinking level is relatively low, and the risk to others rather than a motor vehicle is less.

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