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(영문) 대전지방법원 공주지원 2021.01.19 2020고단517
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. On September 14, 2020, the Defendant, in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving), driven a mixed mpX 124.9cc c. c. Occ. in the state of alcohol with approximately 1.5 km from the road near the Marart parking lot located in Maju-si B to the front road located in D in the same city without obtaining a motor device bicycle driver’s license, while under the influence of alcohol for about 0.206% of alcohol during blood.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Defendant 1 driven a mixed msX 124.9c occ, which was not covered by mandatory insurance at the time and at the location specified in the foregoing paragraph 1.

Summary of Evidence

1. Application of the provisions of the Acts and subordinate statutes governing the accused's statutory statement, the detailed statement of the situation of the driver at the police station, the investigation report (report on the situation of the driver at the police station) to the accused, as a result of inquiry into the details of purchase of insurance coverage, and the

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

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensively taking into account all the factors of sentencing as shown in the records and trial process of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, intelligence and environment, family relationship, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined

Unfavorable circumstances: the non-licensed and mandatory insurance has not been entered into.

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