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(영문) 수원지방법원여주지원 2020.11.03 2020고단1025
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On September 19, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on September 19, 2006. On June 1, 2018, the same court was sentenced to a fine of three hundred thousand won for a violation of the Guarantee of Automobile Accident Compensation Act.

【Criminal Facts】

1. On August 17, 2020, the Defendant driven a motor bicycle in a state of non-registration under the influence of alcohol by 0.180% in a state of under the influence of alcohol without obtaining a motorcycle driver’s license from around B of Echeon-si to the front road of C at approximately 350 meters from around B of Echeon-si to the front road.

2. The owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, but the defendant operated the motor vehicle without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Report on the legal statement of the accused on the state of driving under the influence of alcohol, report on the state of driving under the influence of alcohol, report on the state of driving under the influence of alcohol, the register of driver's licenses, and inquiry

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the same criminal records);

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 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 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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant committed the instant crime again even though he/she had been punished twice due to drinking driving.

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