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(영문) 창원지방법원 2019.08.14 2019고단1560
도로교통법위반(음주운전)등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around May 18:58, 2019, the Defendant was driving a D L-top vehicle under the influence of alcohol leveling 0.243% from the section of approximately 2.4km to the road in front of the “C” in the J-top Sea Zone B, Changwon-si, Changwon-si, via the docular distance in the same direction and at the same time, from the direction of the said “C” to the front of the said “C”.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a D LA car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

A. At around 16:30 on May 5, 2019, the Defendant operated the said car without mandatory insurance from approximately 1.5 km to the front road of the “C” in the same Gu from the front road of the Jinhae-si, Changwon-si, Changwon-si, to the front road of the “C” in the same Gu.

B. The Defendant operated the said passenger car that was not covered by mandatory insurance at the same time and place as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports, results of the control of drinking driving, and the application of Acts and subordinate statutes of the Mandatory Insurance Act and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and selection of fines for each of them;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

The unfavorable circumstances: The defendant is in a favorable situation, such as the harm of drinking driving.

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