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(영문) 창원지방법원 밀양지원 2012.05.18 2012고합11
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On May 29, 2003, the Defendant was sentenced to eight months of imprisonment due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling branch on May 29, 2003. On August 23, 2006, the Defendant was sentenced to six months of imprisonment with prison labor due to the same crime in the same court. On May 22, 2008, the Changwon District Court was sentenced to three months of imprisonment with prison labor due to the same crime. On November 24, 2011, the Defendant was sentenced to three months of imprisonment with prison labor due to the same crime in the same court and completed the execution of the said sentence on December 28, 2011.

1. On February 19, 2012, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving license around 20:58, and, under the influence of alcohol at a rate of 0.070%, the Defendant driven B-wing truck on the road at approximately 4 km in front of the office of 4 km-ri fishery Section 16, Hayang-Eup, Hayang-gu, Hayang-gu, Hayang-gu, Hayangyang-do, wnyang-do, under the influence of alcohol concentration of 0.0%.

2. Notwithstanding the fact that a motor vehicle not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act is prohibited from running on the road, the Defendant operated a wing truck not covered by mandatory insurance on February 19, 2012, on the road of approximately 4 km in front of the fourth, fourth, 16th, Hayang-Eup, Hayang-si, Hayang-si, from around 20:00 to 20:58 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses and mandatory insurance policies;

1. Previous records: Application of the Acts and subordinate statutes of inquiry reports and investigation reports, including criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (in cases of operating a vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.

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