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(영문) 전주지방법원 정읍지원 2018.12.18 2018고정137
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 1.3 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CMa 110 C.C.

A. On May 25, 2018, the Defendant violated the Road Traffic Act (drinking) driven a section of approximately 1km distance from May 25, 2018, to the 3rd distance at the entrance of the E-Gun located in the area via his/her domicile, while under the influence of alcohol level 0.08% of the alcohol level among blood transfusions (0.088).

B. The Defendant violated the Guarantee of Automobile Compensation Act: (a) the vehicle, which was not covered by mandatory insurance, was operated from the front day of the Si of Jung-Eup to the 3-distance road at the entrance of the E-Gun in the west-gun via the neighboring dry field, even though it was prohibited from driving the vehicle on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident scene;

1. A detailed statement of the processing of reported cases;

1. Mandatory insurance data;

1. A copy of the ledger using drinks for drinking;

1. Investigation report on the circumstances of the driver's license in the main place (report on the situation of the driver's license in the main place);

1. A report on internal investigation (related to determination of the volume of alcohol, time for final drinking, etc. of a suspected person);

1. Application of Acts and subordinate statutes to a report on investigation (specific circumstances during which an accident occurred);

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (2) 2 and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, Article 8 of the Guarantee of Automobile Compensation Act (the operation of bicycles which are not mandatory insurance) and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the maximum amount of each fine is aggregated) shall be aggravated for concurrent crimes;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant drives otobs without mandatory insurance while under the influence of alcohol at least 0.088%, and the defendant is driving otobs without the left turn at the three-distance intersection during driving, and the dives conflict with the dives.

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