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(영문) 창원지방법원 2015.04.24 2014고정1150
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

The defendant is also a person who is engaged in driving of the vehicle B-Wurd-Wurd-Wurn.

1. Around 21:50 on April 17, 2014, the Defendant was under the influence of alcohol level of 0.122% without a vehicle driver’s license, and the Defendant driven the said vehicle by one kilometer from the front day of the small river station located in the Han-gu, Gangseo-gu, Busan Metropolitan City to the front day of the Hanhae-si, which is located in the Hanhae-si, Gan-si, Kimhae-si.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

2. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

3. Selection of each alternative fine for punishment;

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

5. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

6. Article 334 (1) of the Criminal Procedure Act.

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