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(영문) 제주지방법원 2020.08.21 2020고단1172
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On May 9, 2018, the Defendant violated the Road Traffic Act (driving) and received a summary order of a fine of up to 6 million won.

On March 26, 2020, at around 07:50, the Defendant driven a DNA motorcycle (124cc) while under the influence of alcohol with approximately 2.4 km alcohol concentration of about 0.057% in the section of approximately 2.4km from around Seopo-si B to Seopo-si C, Seopo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant operated the above motorcycle, which is a motor vehicle not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of the driver, investigation report, notification on the results of the regulation of drinking driving, traffic accident report, internal investigation report (traffic accident processing and application of the Badmark, etc.);

1. Previous records: Application of inquiry reports and investigation reports (Attachment of a copy of summary order) related to criminal records, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for driving a motor vehicle, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which has not covered by mandatory insurance, and

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 that the defendant recognized his mistake and reflects his reflects the defendant's mistake, that the defendant has a criminal record of a same kind of fine once, that the defendant is a night driver without much emphasis, and other circumstances after the crime are committed.

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