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(영문) 창원지방법원 2016.01.27 2015고정904
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

1. The Defendant is a driver of a 10-wheeled vehicle with "B" CITI.

On May 3, 2014, at around 01:25, the Defendant driven the above-wheeled vehicle under the influence of alcohol content 0.213% (pulmonary measurement values) in the state of alcohol, while under the influence of alcohol, the Defendant driven the above-wheeled vehicle in the state of alcohol, under the influence of alcohol at approximately 1km from the upper side of the road in front of the main apartment of the 1st urban apartment of the Kum apartment of the city of Kimhae-si, Seoul, to the upper side of the road in front of the Samdong apartment.

2. A vehicle that is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation Insurance Act shall not be operated on the road, but the Defendant operated the said vehicle on the part of the Defendant, which was not covered by mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of the mandatory insurance-related Acts and subordinate statutes to the skin;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and selection of fines, respectively;

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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