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(영문) 서울북부지방법원 2014.11.19 2014고정2423
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

Punishment of the crime

1. Around 07:30 on June 24, 2014, the Defendant driven a Bskn vehicle under the influence of alcohol with a blood alcohol concentration of 0.112% at a section of about 30 meters from the river of Gangseo-gu Seoul, Gangnam-gu to the Dobong-ro of Gangseo-gu, Seoul.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) the Defendant operated the said car without mandatory insurance at the same date, time and place as the preceding paragraph, although it was prohibited from operating the car on the road, as a holder of a BScar car; or (b) a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of mandatory insurance policy;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 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 Guarantee of Automobile Accident Compensation Act (the point of operating vehicles not covered by mandatory insurance), the selection of penalties for fines;

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;

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