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(영문) 창원지방법원 2020.04.28 2019고단3261
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On February 4, 2008, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court for a violation of the Road Traffic Act (driving). On May 24, 2017, the Defendant was issued a summary order of KRW 3 million by the same court for a violation of the Road Traffic Act (driving). On July 12, 2018, the Defendant was sentenced to six months by imprisonment for a violation of the Road Traffic Act (driving).

1. On July 1, 2019, the Defendant driven a motor bicycle driver’s license at around 11:56 on July 1, 2019, the Defendant, while under the influence of 0.069% of blood alcohol level, driving approximately 5 meters on the front of the road in Kim Sea-si B at around 3 while under the influence of 0.069% of blood alcohol level.

As a result, the defendant driving a motor device without obtaining a bicycle driver's license, and at the same time violated the prohibition of drinking at least twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who was a holder of the Oral Ba as set forth in paragraph (1), was driving the said Oral Ba, which was not covered by mandatory insurance at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Photographs, the register of driver's licenses, mandatory insurance, and notification to an unregistered wheeled vehicle;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (the confirmation of crimes during the period of criminal records of sound driving and repeated crimes);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of operating an automobile which is not mandatory insurance) concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine (including particulars of driving, distance, life style, etc.);

1. The Criminal Act for the detention of a workhouse;

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