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(영문) 수원지방법원 여주지원 2020.06.26 2020고단690
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

1. Around June 2, 2020, the Defendant driven the above cargo vehicle while under the influence of alcohol of about 0.043% in the section of about 30 meters from the parking lot of Gyeonggi-gun to the roads of the same military forces D, around June 2, 2020.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle which has not been covered by mandatory insurance;

Nevertheless, the defendant, as the owner of the above cargo vehicle, operated the above cargo vehicle which was not covered by the mandatory insurance for motor vehicles at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the criminal place, the report on the circumstantial statement of the offender, the mandatory insurance, and the inquiry inquiry report;

1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The fact that the criminal records of the same kind of reasons for sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order are disadvantageous, the fact that time and reflects, and that the same should not be re-offending, etc. are considered as favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, drinking water in this case, and driving distance, are determined as above.

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