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(영문) 대구지방법원 2016.04.15 2016고정384
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On October 18, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) in the Daegu Kim-gu, Daegu-gu, 200, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) in the same support on January 5, 2009, and was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act on at least two occasions.

Nevertheless, on January 15, 2016, the Defendant again driven, in violation of the law, approximately 0.067% of alcohol concentration in the blood while under the influence of alcohol at the front of a mutually influent restaurant located in the Dongcheon-dong, Daegu-gu, Incheon-do, to the front of the 310 academic dong-ro 310 educational region.

2. Although the Defendant violated the Guarantee of Automobile Compensation Insurance Act was prohibited from operating a motor vehicle on the road, he/she operated the said motor vehicle as provided in paragraph (1) of the said Article without renewal of mandatory insurance, even though the insurance contract term expired on August 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An inquiry into the enemy and mandatory insurance;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

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, Article 38 (1) 2, and Article 50 of the same Act (the lowest sentence shall be applicable to the crimes that violate the Road Traffic Act, and the punishment shall be applicable thereto);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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