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(영문) 수원지방법원 안산지원 2016.06.29 2016고정767
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. On April 11, 2016, the Defendant violated the Road Traffic Act (drinking) around 00:32, the Defendant driven BM5 car while under the influence of alcohol with approximately 0.124% alcohol content 0.124% in front of the “military middle school” located at approximately 9km-ro 37 in the south-gu Incheon Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City from the Do in front of the Do in the city of Sinung-gu, Seoul.

2. The defendant in violation of the Guarantee of Automobile Compensation for Loss shall not operate a motor vehicle owned by BM5 and not covered by mandatory insurance on the road;

Nevertheless, Defendant 1 operated the said SM5 vehicle on the front of the “Gun Middle School” in the 5th-ro 37-ro, Young-ro, Young-gu, Young-ro, the same time as the set forth in the above 1.1.3.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a alcohol appraisal report and a report on the detection of a primary driver among blood;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 (the point of operating an automobile with no mandatory insurance), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (i.e., the confession and reflection of the defendant, and the fact that the defendant has no past record of punishment except for one time before and after the punishment of this species is imposed) of the aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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