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(영문) 춘천지방법원 2018.09.19 2018고정178
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On December 12, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a BM5 vehicle at a section of about 800 meters in front of the road of the cU convenience store located in the PU convenience store in the city of Chuncheon, under the influence of alcohol level of 0.165% at around 21:00 without a driver’s license.

2. Although the Defendant was prohibited from operating a vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated the said vehicle on the part of the Defendant, which was not covered by mandatory insurance at the time and place as set forth in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of the driver's license, a report on the situation of the driver's license, a report on the situation of the driver's license without license, photographs related to the driver's license without mandatory insurance, photographs related to the driver's license, the ledger of driver's license,

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license for motor vehicle), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and punishment on a more severe violation of the Road Traffic Act);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the said Act [the lowest shall apply to the crimes that violate the Road Traffic Act (referred to the crimes of drinking alcohol)];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order shows that the defendant seems to have recognized and reflected the instant crime, and the suspension of qualification for the defendant is higher than that of the defendant.

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