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(영문) 광주지방법원 2016.10.20 2016고정1552
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On August 14, 2006, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court and KRW 2.5 million as a fine in the same court on August 30, 201.

【Criminal Facts】

1. On June 3, 2015, the Defendant driven B cargo under the influence of alcohol without a vehicle driver’s license at a section of about 300 meters from a section of about 300 meters to a 300-meter 0.136% of blood alcohol concentration without a vehicle driver’s license, from the front of a Solo restaurant, 426 (School), Don-ri, Don-ri, Donan-ri, Don-ri, Don-ri, Don-ri, Don-ri, Don-ri, Don-ri, Don-ri, Don-ri.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B cargo vehicle.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated B freight cars not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the control of drinking driving, the register of driver's licenses, and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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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