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(영문) 서울중앙지방법원 2013.05.10 2013고정1676
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 28, 2012, the Defendant was under the influence of alcohol content of 0.179% on blood alcohol content on August 23, 2012, and the Defendant driven approximately 50 meters from the vicinity of the Gaco apartment distance in Gangnam-gu, Seoul to the front direction of 939-27, from the Non-registered 124CC, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the circumstantial statement report of a host driver;

1. Application of Acts and subordinate statutes to describe the notification of an unregistered or mandatory insurance non-registered motor vehicle;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., that the defendant reflects the crime in depth and has no criminal record in the same kind of crime);

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

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