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(영문) 창원지방법원 거창지원 2021.01.20 2020고정90
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 15:40 on July 11, 2020, the Defendant was driving a non-registered BEAVOF (breath amount: 125ccc) with no number plate in the state of alcohol alcohol level of approximately 65 km from the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front road of the D elementary school located in Gyeongnam-gun, Chungcheongnam-gun, Seoul.

2. No owner of an automobile who has violated the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;

Nevertheless, the Defendant operated Non-registered BEAVOO (ship amount: 125C) that was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Legal statements by defendants, reports on the occurrence of traffic accidents, inquiries about the results of drinking restrictions, application of the statutes to criminal investigations into violations of road traffic laws, reports on the circumstantial statements of drivers at all times;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of fines, respectively;

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

1. Taking into account the following circumstances: (a) the Defendant, with reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, operated a motor device bicycle not covered by mandatory insurance while under the influence of alcohol; (b) the blood alcohol level at the time is high; (c) the Defendant supports the wife suffering from cerebral disease, etc., suffering from cerebral disease, etc., and the grandchildren suffering from visual disability; and (d) under medical treatment for alcohol alcohol.

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