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(영문) 제주지방법원 2013.06.14 2013고정399
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 19, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.119% at around 23:17: (a) the Defendant was under the influence of alcohol; (b) from the roads near the Seogcheon-dong Office in Seogpo-si to the front road of the “greenwon building,” and operated a vehicle B at a section of approximately 200 meters.

2. The Defendant, in violation of the Road Traffic Act, destroyed the said vehicle by misunderstanding the steering gear under the influence of alcohol while driving the said vehicle in front of the “green Building” at the time and place as described in paragraph (1) of this Article, by breaking the left part of the DoNF Station of the DNF Station, parked on the right side of the road, thereby damaging the said vehicle so that its repair cost would be equivalent to KRW 2,609,351, and again proceeding in India, by driving the said vehicle at the location and place as described in paragraph (1) of this Article, the Defendant destroyed it by causing approximately KRW 8,439,200 to shock the landscape of the design owned by the Han River Integrated Construction Corporation, which was installed therein, and causing the department to take effect.

3. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act should subscribe to an insurance, mutual aid, etc. that bears the responsibility to pay the amount prescribed by Presidential Decree to the victim in the event of loss of or damage to another person’s property due to the operation of a motor vehicle. However, the Defendant operated a motor vehicle by car owned by the Defendant who was not covered by mandatory insurance from October 201 to January 19, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual condition survey report (1) and the report on detection of a master driver, the mandatory insurance association, and written estimates under each Act and subordinate statutes;

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Articles 148-2 (2) 2, 44 (1) and 151 of the Road Traffic Act, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act; Selection of each fine;

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

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order:

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