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(영문) 대전지방법원 천안지원 2015.08.13 2015고정175
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving a car volume of BM520.

1. On June 10, 2008, the Defendant driven a vehicle under the influence of alcohol on two or more occasions, such as a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on July 8, 2008, and a fine of seven hundred thousand won or more for the same crime, at the same court on July 8, 2008. On August 16, 2013, the Defendant driven the vehicle under the influence of alcohol with a blood alcohol content of 0.160% at around 0.52 on August 16, 2013. The Defendant driven the said vehicle at a distance of about 500 meters from the street in front of the mutual convenience store in the northwest-gu, Seo-gu, Seo-gu, Seo-dong, Seoul, to the front street of the head office or the head office in the same dong.

2. Although the Defendant was prohibited from operating a motor vehicle, etc., which was not covered by mandatory insurance on the road, the Defendant, at around August 16, 2013, operated a 500-meter distance from which he/she was his/her own possession, to the head of the office, the head of the office, the head of the office, and the head of the office, and the head of the office, the head of the office, and the head of the office, the head of the office, and the head of the office, the head of the office, and the head of the office, and the head of the office, in front of the office,

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry in the report on the actual state of the driver;

1. Copies of the register of breath measuring instruments used, and each entry of mandatory insurance associations ( August 16, 2013);

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, references to criminal records, investigation reports (former records and attachment of judgment);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a sentence, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

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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