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(영문) 수원지방법원 평택지원 2017.10.12 2017고정284
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a passenger car in Category B, New Flag, -6.

1. On September 12, 201, the Defendant violated the Road Traffic Act (drinking and non-licensed driving) without obtaining any driver’s license and driving a drinking and non-licensed driving on the road at approximately 300 meters away from the road front of the mutual convenience store located at the decline of the Ansan-si in the same city, Myeon, and Ri to the road front of the boiler located at the same city, Myeon, and Ri (e.g., zero percent) with alcohol concentration of about 0.120% in blood.

2. On September 12, 201, the Defendant violated the Guarantee of Automobile Compensation Act: (a) when he intends to operate a vehicle on the road in a section of approximately 300 meters from the road front of the cross convenience store in which the said vehicle is driven on the 07:50 on the 12th day of September 2011, to the 300-meter radius from the road front of the insular convenience store; (b) when he/she intends to operate the vehicle on the road, he/she shall subscribe to the mandatory insurance and operate the said vehicle without purchasing the mandatory insurance even though he/she shall do so.

Summary of Evidence

1. Summary order;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Subparagraph 1 of Article 148-2 of the Road Traffic Act, Article 44 (1) of the same Act concerning facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act concerning the compensation for damages of motor vehicles;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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