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(영문) 의정부지방법원 2014.10.30 2014고정2028
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A. On June 28, 2007, the Defendant received a summary order of KRW 3.5 million as a fine for a violation of the Road Traffic Act (driving under the influence of alcohol) from the Daejeon Seosan Support, which was given a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving under the influence of alcohol), and on August 23, 2013, as a fine of KRW 2 million for a violation of the Road Traffic Act (driving under the influence of alcohol).

Although the Defendant had a history of driving two or more times as above, on November 16, 2013, at around 00:27, the Defendant driven a BAR car while under the influence of alcohol at approximately 0.174% (blood collection result) of blood alcohol concentration on the 3km section from the 3km section to the front road of the Jinsan apartment, which is located at the parking lot adjacent to the Gangseo-gu Seoul Metropolitan Government, Dong-dong 507-10, Dong-dong, the Government-dong, Do-dong, for the Government of the Republic of Korea.

B. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a vehicle BA test.

In spite of the fact that the Defendant is unable to operate a motor vehicle which is not covered by mandatory insurance, the Defendant is in a non-insurance state without the renewal of mandatory insurance, the term of which was expired as of August 28, 2012, and the said A.

As in paragraph B, the car was operated for the B AW test.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, report on the circumstantial statement of a driving driver, response to requests for appraisal, report on the detection of a driving driver, and information inquiry into mandatory insurance;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under influence not less than twice), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines for each crime;

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

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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