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(영문) 대구지방법원영덕지원 2020.09.23 2020고단183
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 00:40 on August 3, 2020, the Defendant was under the influence of alcohol with a motorcycle driver’s license on the violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Defendant driven the E Qu125 Obab in the section of approximately 200 meters from the front of the Defendant’s residence in the B of the Gyeongjin-gun, Ulsan-gun, the level of alcohol level of 0.20%, to the front of the D store located in C.

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 an erroneous part of Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, investigation report (report on the circumstances of the driver), report on the situation of the driver's moving into home, report on the situation of the driver's moving into home, report on the driver's moving into home, notification on the results of the influence of drinking driving, making inquiries into the car register, driving license register

1. Relevant provisions of Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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