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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Around 22:50 on May 7, 2014, the Defendant: (a) driven a Crashing vehicle while under the influence of alcohol of about 10 meters in blood alcohol concentration of about 0.128% at the front of the 330-1, Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government on the road.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated the CRS which was not covered by mandatory insurance at the same time and place as Paragraph 1.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses D and E's respective legal statements;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, the applicable provision of the Act on the Guarantee of Automobile Accident Compensation (Amended by Act No. 12987, Jan. 6, 2015); the main provision of Article 46(2)2 and the main provision of Article 8 of the former Guarantee of Automobile Accident Compensation Act; and the selection of penalty for each fine;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;