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(영문) 인천지방법원 2020.09.02 2020고단3296
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 17, 2013, the Defendant violated the Road Traffic Act (driving) and received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gangnam branch court of the Chuncheon District Court.

On February 12, 2020, at around 01:20, the Defendant driven a CK7 car while under the influence of alcohol, which is about 0.103% of blood alcohol concentration, from the main point of week to the front road of the Incheon Gyeyang-gu Incheon Bupyeong-gu.

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

Nevertheless, the Defendant operated a passenger car which was not covered by mandatory insurance at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. He/she shall review the obligation to make a report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, etc., investigation reports (verification of the same kind of power and reporting of attachment to a summary order), previous records of disposition, and application of Acts and subordinate statutes reporting results of confirmation;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines (or selection of fines by the accused, in addition to the summary order once in 2013, taking into account the circumstances having no criminal record of the violation of the Road Traffic Act, in addition to

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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