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(영문) 수원지방법원 안산지원 2015.04.02 2015고단139
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 18, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, from an Ansan District Court's Ansan Branch on March 5, 2010.

On October 28, 2014, at around 21:10, the Defendant driven a B-car that was not covered by mandatory insurance with a blood alcohol concentration of about 0.082% from the 3km section of approximately 3km to the front of the water purification house located in the 10-dong, Sinsan-si, Ansan-si, the same day from the street in front of the botanical gardens located in the Gulsan-si, Ansan-si, the Defendant, around 21:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Compulsory insurance coverage;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 and the main sentence of Article 8 (the main sentence) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); the selection of 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense which inflicts bodily harm on a person and another person, and the defendant, even though he had been punished twice due to drinking driving, drives a vehicle which was not covered by the mandatory insurance again, and thus, there is a great need for the corresponding punishment. The defendant's blood alcohol concentration at the time of the crime in this case, the defendant's blood alcohol concentration, the defendant's environment and circumstances after the crime, etc., are considered as a whole.

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