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(영문) 창원지방법원 2013.05.22 2013고정257
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On May 7, 2004, the Defendant was issued a fine of KRW 700,000 by the Changwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on August 30, 2010, respectively due to the same crime. On September 30, 201, the Defendant was sentenced to a fine of KRW 1.5 million by the same court.

【Criminal Facts】

1. Around 00:55 on September 23, 2012, the Defendant driven without registration 49CC under the influence of alcohol content of approximately 2-3K 0.264% at the section of approximately 2-3 K m, from which it is impossible to find out the trade name in Scambari-si, Kimhae-si, Kim Jong-si, the Defendant, at approximately 0.264% of alcohol content.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on the road without mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Requests for appraisal;

1. Each report on investigation;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports, and 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 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation, and the selection of fines, respectively;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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