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(영문) 청주지방법원 2020.10.15 2020고정613
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 23:30 on June 10, 2020, the Defendant was under the influence of alcohol by 0.177% on blood alcohol level, and the Defendant driven DNew low-XG car in the section of about 4 km from the front of a cafeteria located in the Heung-gu B apartment C-dong in the Cheongju-gu B-dong.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the New franchise XG car as stated in the above paragraph (1).

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance at the same time and place as that of the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a survey report on the actual condition of mandatory insurance to notify the results of regulating drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. The defendant is highly likely to be subject to criticism in that he/she operates a vehicle not covered by mandatory insurance in drinking condition under the circumstances where there is punishment power for the same kind of crime in the past on the grounds of sentencing in Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse;

However, the amount of fine for the defendant shall be determined in consideration of the fact that the defendant supports the disabled father and is in very difficult economic situation, and reflects on the crime.

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