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(영문) 수원지방법원 평택지원 2020.06.16 2020고단420
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 17, 2014, the Defendant received a summary order of KRW 7 million from the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Although the Defendant violated the Road Traffic Act (driving) one time, the Defendant driven a unregistered motor vehicle while under the influence of alcohol at around 17:44 on January 30, 202, while driving the motor vehicle under the influence of alcohol at least 0.038% of alcohol level, and proceeded with a section of about 5 km from the front of the B house to the front way of the D-way located in Ansan C when he was aware of.

2. The Defendant has driven a motorcycle as stated in paragraph (1) without obtaining a motorcycle license at the time and place specified in paragraph (1).

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of a motorcycle as stated in paragraph (1), operated the said motorcycle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, notification of the results of the crackdown on drunk driving, investigation report (Calculation of blood alcohol concentration), investigation report (Attachment to the ledger of driver's licenses of suspects), automobile driver's license register, and mandatory insurance association;

1. Records before judgment: Criminal records, etc., inquiry report, previous records of disposition, and report on results of confirmation - Application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (a violation on at least twice the regulations on prohibition of drinking, driving, etc.), subparagraph 2 of Article 154, Article 43 (a) and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

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

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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