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(영문) 광주지방법원 목포지원 2019.05.24 2019고정103
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

A. On October 11, 2018, the Defendant was driving a F-wing truck under the influence of alcohol by 0.238% in a section of about 1km from the 1km to the front of the entrance of E-type located in D from the C cafeteria located in the Donnam-gun, Chungcheongnam-gun, Seoul, without any influence on October 19:05.

(b) No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance of motor vehicles;

Nevertheless, the Defendant operated the F-wing and freight vehicles with the Defendant’s possession at the time, time, and section of the above paragraph (a) without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 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;

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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