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(영문) 인천지방법원 2017.05.18 2017고단686
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The defendant A is a person who drives a drinking or unlicensed driving, and the defendant A is a person who drives a Oralba;

On December 3, 2016, 10:53 around 10:53, without obtaining a driver's license under the influence of alcohol with 0.121% in alcohol during blood, a person D, who driven the said Oba by approximately 1 knex up to the front of new shares prior to the 106th dynacing 796-8 dynacula, as seen earlier.

2. No person shall operate any motor vehicle which is not covered by mandatory insurance for motor vehicles, on a road;

Nevertheless, the Defendant, even though he did not purchase a mandatory motor vehicle insurance policy, operated the Dong group of the strengthened military forces from the 1st day to December 10:53, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the detection of a primary driver;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 (the point of driving a motor device or bicycle without a license) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) and 8 (the point of driving a motor vehicle which is not mandatory insurance) of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of alcohol or a non-licenseed driving in the judgment, and a punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking);

1. Selection of each alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that although the defendant had been punished three times due to drinking or non-licensed driving, the risk of the vehicle driven is not larger than that of ordinary vehicles, and the defendant's age, sexual behavior, environment, means and consequence of the crime, etc.

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