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(영문) 제주지방법원 2013.10.01 2013고정7
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 19, 2012, when a motor vehicle owner dies or gets injured by another person or when property of another person is destroyed or damaged due to the operation of a motor vehicle, the motor vehicle owner, despite having subscribed to liability insurance, liability mutual aid, or other mutual aid to pay the amount prescribed by Presidential Decree, the motor vehicle owner operated the motor vehicle without registration owned by the defendant who was not covered by liability insurance from the dwelling of the defendant to the center of Jeju-ro 13:00 to the center of Jeju-ro 31-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act or subordinate statute on the part of the Investigation Report (Evidence List Nos. 4)

1. Relevant legal provisions concerning facts constituting an offense and the choice of a sentence: Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Provisional payment order: The punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances that recognize the facts of a crime: The facts of a previous criminal offense (a fine of KRW 700,000 on October 20, 2008): The facts of a previous criminal offense (a violation of the Road Traffic Act) and the non-guilty part (a violation of the Road Traffic Act) of a criminal defendant;

1. The summary of this part of the facts charged, including the summary of the facts charged, stated as follows: “The Defendant was under the influence of 0.12% of blood alcohol concentration around 00:40 on June 20, 2012, and 0.112% at the center of Jeju-ro 13:31-1, the road in front of Jeju-ro 13-ro 31-1, had the Non-registered 100cc Sin-do, and 180 degrees Hand and drive it.” Accordingly, the Defendant denied this starting from the investigation stage, asserting that “the Defendant was frightd in the state of east-do.”

2. Determination

A. As evidence concerning facts charged, there are parts of the investigation report (Evidence Nos. 4), each investigation report (Evidence No. 7, 10), and witness D’s testimony. The above investigation report is a witness by the investigative agency.

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