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(영문) 수원지방법원 안산지원 2014.07.09 2014고정966
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. On April 6, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.154%, and on April 6, 2014, the Defendant driven a vehicle under 50cc of registration without registration in the section of about 1km from the road near the weekend farm located in the members of Ansan-si to about 1km-dong to about 4 roads located in the same Gu and Dong.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive an automobile on the part of the Defendant, who did not subscribe to mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and records of drinking measurement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant operated Otoba who did not purchase mandatory insurance under the influence of alcohol, and considering the favorable circumstances such as the defendant's blood alcohol concentration relatively high, the defendant recognized all the crime of this case and reflects his mistake in depth, and is less dangerous than a motor vehicle as a motorcycle driving 50cc or less, and the risk of the defendant's mistake is relatively low compared to a motor vehicle. The defendant supports a relatively old grandchildren, and takes account of all the favorable conditions such as the defendant's blood alcohol concentration at the trial of this case.

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