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(영문) 수원지방법원 2020.04.09 2019고단8231
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2019, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around November 26, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as above, but again, driven CT-100 Oral c-100 Oral c-100 Oral c-100 Oral c-100 Oral c-10 Oral c-100 Oral c-100 Oral c-100 c, while under the influence of alcohol at approximately 6km from the Do in front of Suwon-si, Suwon-si, Suwon-si, to the front side of D in Suwon-si

As a result, the Defendant violated the prohibition of drunk driving more than twice, and operated without a license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any vehicle on a road which is not mandatory insurance;

Nevertheless, the Defendant operated CT-10 Obama owned by the Defendant, which was not covered by mandatory insurance, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Report on the state of operation without a license, and investigation report (calculated of blood alcohol concentration);

1. The driver's license ledger (E);

1. A notice of the non-registered diadea (E);

1. Photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, 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 concerning criminal facts;

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

1. Selection of an 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. The defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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