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(영문) 인천지방법원 2021.01.22 2020고정2012
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 16:40 on May 8, 2020, the Defendant driven a guardian M&X125 ---top - under the influence of alcohol, which is about 150 meters from the front of the “C” road located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, to the front three distance of D apartment E, and is about 0.10% of alcohol in blood.

2. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on the road;

Nevertheless, the Defendant operated a guardian MaXE125 Sicker, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (3) 2 and 44-2 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 of the Maritime Security Act, the main sentence of Article 8 (the point of operating an automobile which is not mandatory insurance), and the selection of fines, respectively, for the sake of the choice of fines;

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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