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(영문) 서울중앙지방법원 2018.04.18 2017고정3734
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On August 1, 2017, while under the influence of alcohol level of 0.066% among the blood transfusion around 02:00, the Defendant driven and operated a CNS car that was not covered by mandatory insurance for approximately 1.5 km at the front of 1638-32, Gwanak-gu, Seoul Special Metropolitan City, on the front of the 1638-32-ro, Bodoro 1638-32.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Report on detection (violation of driving without a license), inquiry into the results of crackdown on driving of drinking, and report on investigation (report on the circumstances of the driver with a driving license);

1. Inquiry into mandatory insurance (C);

1. Application of drinking drology photographs, and Acts and subordinate statutes governing vehicles photographed;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3, 44 (1) (in cases of drinking) of the Road Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of 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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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