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(영문) 대구지방법원 2013.05.31 2012고합1393
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 10, 2006, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving). On January 3, 2008, the same court has been sentenced to a fine of KRW 2 million due to the same crime and has been punished two times or more for a violation of the Road Traffic Act (driving).

On August 29, 2012, at around 05:00, the Defendant driven a two-wheeled vehicle with no number of 100cc, while under the influence of alcohol 0.071% at a section of about 30 meters, from the front of the Gyeongcheon Police Station in Yongcheon-si to the front of the Dong-dong Police Station, located in the same Dong-dong.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile with no number of 100cc.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the two-wheeled automobile not covered by mandatory insurance on the road before the police box of the Dongcheon Police Station of the Gyeongcheon-gu, Gyeongcheon-si, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driving of the driving of the driving of the driving of the driver and report on detection of the driver;

1. Investigation report (related to the confirmation of non-performance of mandatory insurance on a suspect's driving);

1. Previous convictions in judgment: Inquiry reports, application of investigation reports (a summary order and copy of judgment) and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of fines), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of fines);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The fact that the defendant in Article 53 and Article 55(1)6 of the Criminal Act is against discretionary mitigation is against the defendant.

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