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(영문) 창원지방법원 2020.04.16 2020고정127
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On August 9, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act.

1. Around 21:45 on December 22, 2019, the Defendant driven a Ebbbbbb-on vehicle under the influence of alcohol leveling 0.095% from the section of approximately 500 meters from the front to the front road of D located in the same Gu C, with the window B at Changwon-si window B from the front road to the front road in the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated E Poter II cargo vehicles which were not covered by mandatory insurance at the date, time, place, etc. of the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Inquirying the results of the control of drinking driving, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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), Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, 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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