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(영문) 수원지방법원 안산지원 2013.08.29 2013고정1306
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

1. On June 2, 2013, at around 22:06, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.061% in blood alcohol concentration, even before it was under the influence of alcohol on the street in front of the franchisium in the front of the franchisium in Ansan-si, the upper end of the franchisium in Ansan-si.

2. Notwithstanding the fact that the Defendant was unable to operate a motor vehicle that was not covered by mandatory insurance at the time, place, etc. mentioned in the foregoing paragraph (1), the Defendant operated the motor vehicle in an non-insurance state without being able to purchase the mandatory insurance, etc

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the situation of drinking driving, and report on the status of drinking drivers;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of a sentence, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the Defendant’s blood alcohol concentration for the sentencing of Article 334(1). It is so decided as per Disposition for the above reasons.

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