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(영문) 춘천지방법원 원주지원 2017.02.02 2016고정427
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On July 26, 2016, the Defendant driven a section where, without the pertinent driver’s license, it is difficult for the Defendant to know in front of a mine station located in 2929, from the influent land where, without the pertinent driver’s license, it was under the influence of alcohol content of 0.172 percent of alcohol during blood, the Defendant driven a section where it is difficult for him/her to know in front of a mine station located in 2929, from the influent land where he/she was under the influence of alcohol content of the blood.

B. A person who violated the Guarantee of Automobile Compensation Act is unable to operate a motor vehicle on the road which is not covered by mandatory insurance. However, the Defendant purchased Otobane from the date when it was unknown in 2016 and operated the motor vehicle without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol, and report on the results of regulating drinking;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an non-insurance motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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;

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