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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On June 20, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for a special injury in the original state branch of the Chuncheon District Court, and the judgment became final and conclusive on June 28, 2019.
【Criminal Facts】
The defendant is a holder of unregistered 125cc.
1. Around 02:30 on April 13, 2019, the Defendant, while under the influence of alcohol at least 0.172% of blood alcohol level, driven a non-registered 125cc crocb in the section of about 1km from 1km to 0.172% of the shooting distance in the front city of the Kiju City and the D Association.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, at the same time and place as mentioned in the foregoing paragraph (1), operated a non-registration 125cc c obs, which was not covered by mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents, actual condition survey reports, photographs of accident site, and circumstantial statements of the drinking driver;
1. Investigation report (Recognition of suspect suspicions, such as non-performance of mandatory insurance), and notification of detection of non-registered substitutes;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of the suspect's progress of trial);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16037, Dec. 24, 201);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment (limited to reasonable circumstances) are recognized as crimes.
The equity between the case of judgment and the case of special injury which has become final and conclusive shall be taken into consideration.
[Unfavorable circumstances] At the time of the instant crime, the blood alcohol concentration was considerably high.