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(영문) 창원지방법원 밀양지원 2015.05.28 2015고정19
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 21, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s Seongbuk Branch on September 21, 2009, and the said order became final and conclusive on October 26, 2009. On August 26, 201, the same court received a summary order of KRW 2 million as the same crime, and on October 7, 201, the said order became final and conclusive on October 7, 201. On June 30, 2014, the same court received a summary order of KRW 300,000 as a violation of the Guarantee of Automobile Accident Compensation Act, and issued the said order on July 10, 20

1. Around 23:20 on August 25, 2014, the Defendant driven a B-car under the influence of alcohol content of about 0.080% from the 14km section to the road under the influence of alcohol content of approximately 14km in the same Sinc-Eup, C-do.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said car without mandatory insurance at the aforementioned date, time, and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance associations, reports on detection of drivers, and circumstantial statements of drivers;

1. Each photograph;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of punishment);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the 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 (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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