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(영문) 수원지방법원 안산지원 2015.01.28 2014고정1891
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

1. Around 02:25 on March 18, 2013, the Defendant driven Bone Star Motor Vehicle under the influence of alcohol content of about 0.159% in a section of about 2km from the Do near the king Station located in Sinsi-dong, Sinsi-si to the road located in Sinsi-si 1528 5.

2. On March 18, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) was a holder of Bone Star passenger car; and (b) was operating the said car without mandatory insurance on the road located at No. 15285, Sinri-si, Sinri-si, 15285.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) (the point of driving a motor vehicle which has not been covered by mandatory insurance) and the selection of each fine (the consideration is given to the fact that the defendant is led to confession and against his/her will)

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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