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(영문) 창원지방법원 2013.04.17 2013고정34
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 16, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny at the Changwon District Court on August 24, 201, which became final and conclusive on December 24, 2011.

1. On September 28, 201, the Defendant was a driver of 100CC with no serial number, and the Defendant driven the above 1.5 km from the road front of the window of Changwon-si to the road front of the window of Changwon-si, Changwon-si, under the influence of alcohol around 0.148% of the blood alcohol concentration around 18:37, Sept. 28, 2011.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on the road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the above paragraph (1) on the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Notification of the error of registration;

1. Records before and after judgments: Criminal records, etc. inquiry reports, previous records of dispositions and confirmation reports, investigation reports (report accompanied by a copy of indictment), and application of statutes;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 46(2) and the main text of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); each of the options of fines for criminal facts;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

5. Article 334 (1) of the Criminal Procedure Act.

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