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(영문) 수원지방법원 안산지원 2015.12.17 2015고정1596
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 04:00 on September 27, 2015, the Defendant driven a Category B motor vehicle under the influence of alcohol content of about 0.111% at a section of approximately 300 meters from the road from the front of a sang-dong (hereinafter referred to as the “Sang-dong”) to the road from 1746 17:0.

2. The Defendant under the Guarantee of Automobile Accident Compensation Act is a holder of B Eths’ automobiles.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle that is not covered by mandatory insurance, the defendant operated the motor vehicle that is not covered by the temporary mandatory insurance, such as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Data concerning the measurement and output of drinking;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

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

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence of fines shall be applicable to concurrent crimes with the punishment determined for a violation of the Guarantee of Automobile Accident Compensation Act, which is heavier than the punishment, and the punishment determined for a violation of the Road Traffic Act];

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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