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(영문) 대구지방법원 포항지원 2021.03.16 2021고단111
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 1, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court.

1. On November 8, 2020, the Defendant violated the Road Traffic Act (drinking) by driving an Erocketing car with alcohol concentration of about 0.130% from the 300-meter section from the 300-meter section of the former C apartment D to the road in front of the south-gu at the port of port on November 8, 2020 to the 0.130% under the influence of alcohol level at least twice.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a rocketing car that was not covered by mandatory insurance at the same time and at the same place;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into mandatory insurance (the details of non-insurance coverage);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of fines, respectively;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has no record of criminal punishment once or more for the reason of sentencing, taking into account the numerical distance of drinking, the risk of driving under the status of being covered by mandatory insurance, the Defendant’s age, career relationship, etc.

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