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(영문) 창원지방법원 밀양지원 2020.06.25 2019고정147
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal power] On May 9, 2016, the Defendant received a summary order of KRW 4.5 million due to the violation of the Road Traffic Act (driving) and the violation of the Guarantee of Automobile Accident Compensation Act.

【Criminal Facts】

The Defendant is a driver of 50cc codi who has no number plate.

1. Although the Defendant had been under the influence of punishment for drunk driving, the Defendant driven the above Oral Sea under the influence of alcohol level of about 0.179% from the 1km section from around 20:58 on August 26, 2019 to around 0.58, at around 20:58, via E in the front side of C located in Sinnam-gun B, and again drive the said Oral Sea under the influence of alcohol level of about 1km from around 0.179%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle, etc. on a road on which no mandatory insurance is subscribed;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, operated Non-registered 50cc Co., Ltd. which was not covered by mandatory insurance.

Summary of Evidence

1. A written statement;

1. Investigation report on the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstantial situation of a drinking driver), and investigation report (based on the distance of drinking);

1. Criminal records: Application of criminal records, reply reports, and investigation reports (verification of the same kind of force)-related Acts and subordinate statutes;

1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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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