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(영문) 서울동부지방법원 2015.09.24 2015고단1939
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 December 17, 2009, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act, etc. at the Gangseo branch court of the Chuncheon District Court on December 17, 2009, and was sentenced to a fine of four months and a fine of seven million won for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on August 12, 2010, and on April 9, 2014, the Defendant completed the execution of the said imprisonment with prison labor at the Seongdong-gu District Court on September 3, 2014.

1. On June 9, 2015, the Defendant driven a B motorcycle while under the influence of alcohol content of about 0.152% without a driver’s license, on the road located in Songpa-gu Seoul Metropolitan Government on at least 00:05, Jun. 9, 2015, even though he/she had been punished twice or more for a violation of the Road Traffic Act (driving without a driver’s license) and the Road Traffic Act (driving without a driver’s license).

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle which has not been covered by mandatory insurance;

Nevertheless, the defendant, as the owner of the above motorcycle at the same time and place as Paragraph 1, operated it without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report and investigation report on the host driver (application of the Radmark);

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the operation of a motor vehicle without a mandatory insurance)

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

1. The depth of error in choosing each of the alternative fines for punishment;

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