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(영문) 수원지방법원 2020.10.16 2020고단3804
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On July 21, 2020, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a violation of the Road Traffic Act.

1. On May 24, 2020, the Defendant driving a two-wheeled vehicle (hereinafter “the instant two-wheeled vehicle”) under the influence of alcohol of about 0.142% of blood alcohol concentration from the section of approximately 3km from the section of the 3km of Suwon-si to the front roads located in the calalalal region in the same city from the sub-section 07:27, May 24, 2020.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the holder of the instant two-wheeled automobile.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, the defendant operated the two-wheeled motor vehicle at the time and place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Voluntary report, and report on the occurrence and autopsy of a case;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving and the result of the measurement of drinking;

1. Mandatory insurance policies;

1. The records of the judgment: A report on the results of confirmation on the previous disposition and the indictment, and the defendant and defense counsel asserted that the two-wheeled automobile of this case is E and not operated by the defendant as the owner of a motor vehicle, and thus, the non-guilty verdict should be rendered as to the violation of the Guarantee of Automobile Accident Compensation Act among the

Article 2 (3) of the Guarantee of Automobile Accident Compensation Act provides that the term "owner of an automobile" means the owner of an automobile or a person entitled to the use of an automobile, who is operating an automobile for his own sake." The term "person entitled to the use of an automobile" is for lease, loan for use, or for other purpose.

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