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(영문) 춘천지방법원 속초지원 2014.04.30 2014고단57
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around January 17, 2014, Defendant 21:25, who violated the Road Traffic Act (driving a sound driving) driven B Twork XG car under the influence of alcohol with approximately 3km alcohol concentration of 0.209% from the roads in front of the restaurant “Yeng-si” in the Seocho-si, Seocho-si, Seoul Special Metropolitan City to the roads below the roads.

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

Nevertheless, the Defendant, as a holder of BTXG car that was not covered by mandatory insurance, was driving the said car at the date and place specified in paragraph 1.

Accordingly, the defendant operated a passenger car not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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