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(영문) 대전지방법원 홍성지원 2014.10.28 2014고정231
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Although the Defendant was prohibited from operating a motor vehicle not covered by mandatory insurance on the road, at around August 25, 2014, the Defendant driven a 800-meter distance from the front of the restaurant in the name of the Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front of the restaurant in the name of the Hongyang-gun to the road in front of the solar Heavy Industries, on the same side, while under the influence of alcohol content of 0.217%, without any license plate that was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 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 (the point of operating vehicles not covered by mandatory insurance), and the selection of penalties for each fine;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da11248, Apr. 2,

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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