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(영문) 대구지방법원 2018.11.14 2018고정630
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 5, 2016, the Defendant, at around 04:19, driven BM5 vehicles under the influence of alcohol concentration of about 0.110% on the roads in front of a mutual influent restaurant located in the Daegu Geum-dong, Jung-gu, Daegu-gu, and about 12-ro, Jung-gu, Seoul-gu, and about 8km-gu, the Defendant driven BM5 vehicles under the influence of alcohol concentration of about 0.110%.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated a motor vehicle which is not covered by mandatory insurance at the location of the above paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver who engages in driving, inquiry into the results of crackdown on drinking driving, and application of Acts and subordinate statutes governing mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile, the mandatory insurance of which is not mandatory insurance), and 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. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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