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(영문) 서울남부지방법원 2013.11.18 2013고정2895
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 22, 2006, the Defendant was sentenced to a fine of KRW 500,000 for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 2, 2006, and was sentenced to a fine of KRW 2 million for the same crime at the Seoul Western District Court on August 16, 2007.

On June 11, 2013, at around 23:34, the Defendant, while drunk with a blood alcohol concentration of 0.229%, driven a B le-car from the front side of the public parking lot in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the front side of the same Yeongdeungpo-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the old street.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said vehicle as a holder of the vehicle B ready-lighting car, which was not covered by mandatory insurance, at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Registers of driver's licenses and mandatory insurance;

1. Records of suspect drinking alcohol testing, reports on detection of drinking drivers, and circumstantial reports on drinking drivers;

1. Application of the written estimate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on the crimes of violation of the Road Traffic Act and the crimes of violation of the Guarantee of Automobile Accident Compensation Act, and a punishment imposed on the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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