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(영문) 수원지방법원 여주지원 2020.04.21 2020고단379
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. Around March 3, 2020, the Defendant was driving a fest-ton vehicle under the influence of alcohol by 0.229% with a blood alcohol concentration of 0.229% at a distance of about 572 meters from the C parking lot located in Gyeonggi-si B to the E convenience store located in D from March 3, 2020.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a person who owns and operates the said car in the name of a child.

The Defendant operated the said car without purchasing mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

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

1. Relevant Act concerning criminal facts, Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered as a disadvantageous condition, and the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is considered as an unfavorable condition, and that the time is human and reflect, the fact that the driver does not drive a drinking again, and that there is no punishment for

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

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