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(영문) 서울남부지방법원 2015.09.03 2015고단2938
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 17, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act, and on May 28, 2014, a summary order of KRW 3 million from the Suwon District Court to a fine for the same crime, etc. respectively.

1. Around 02:00 on June 9, 2015, the Defendant driven a B B B B B-type car with a blood alcohol concentration of 0.078% from the section of approximately 2km from the Gwanak-gu Seoul Special Metropolitan City to the roads of about 323-1, Geumcheon-gu, Geumcheon-gu, Seoul.

Accordingly, although the defendant was punished for violating the Road Traffic Act more than twice, he was driving a motor vehicle under the influence of re-driving.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a small-scale motor vehicle, which is a motor vehicle not covered by mandatory insurance at the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Report on detection of violation of the Guarantee of Automobile Accident Compensation Act;

1. Mandatory insurance policy;

1. Previous records of judgment: Application of investigation reports (verification of suspect A punishment records and attachment of judgment, etc.);

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a history of serving five times the punishment for drunk driving and the crime without a license, and the crime of this case is committed during the suspended execution period due to the crime of this kind, and thus, the criminal liability is heavy. However, the defendant is guilty of the crime.

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