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(영문) 창원지방법원 2018.01.12 2017고단3982
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Power of crime] On April 6, 2007, the Defendant was sentenced to a suspended sentence of 2 months for a period of 8 months at the Gwangju District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act, etc., and was sentenced to a suspended sentence of 6 months at the Gwangju District Court on July 12, 2007 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation vehicles) and a violation of Road Traffic Act.

[Criminal facts]

1. Around November 9, 2017, the Defendant violated the Road Traffic Act (drinking) driven a Brane car under the influence of alcohol content of about 0.084% from the section of about 100 meters to the front line of a 100-lane 41,00,000 from the front line of a kitchen station located in the mouth of the Jindo-Jin-do-Jon-si, Changwon-do-si, Changwon-do-do-si, the Defendant driven a Brane car under the influence of alcohol content of about 10 meters.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated a passenger car set forth in Paragraph 1, which was not covered by mandatory insurance, at the time and place set forth in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Making inquiries into the enemy, and making inquiries into each mandatory insurance;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (the previous convictions);

1. Relevant Article of the Act and the main sentence of Article 148-2 of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) (Selection of a fine) of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act (the point of operating an automobile, which is not mandatory insurance, and the choice of a fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;

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