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(영문) 전주지방법원 2016.04.19 2016고정13
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On January 3, 2015, the Defendant, while under the influence of alcohol at around 03:30, the Defendant driven B car in the section of about 1km from the 1km before the henitus in the front city of 0.121% of the alcohol level among the blood transfusions.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on January 3, 2015, the Defendant operated the said car that was not covered by a mandatory insurance policy with approximately KRW 1 km from the day before the beerhouse in the name of the United Kingdom of Yasan-gu, Seoul Special Metropolitan City around 03:30 on January 3, 2015 to the day of Haba in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Voluntary accompanying report (Violation of Road Traffic Act);

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, a report on the appearance, uniform, language, and attitude of the driver at a driving school, and a report on whether the driver at a driving

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

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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