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(영문) 대구지방법원 2021.01.28 2020고정1267
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives GTS125 Orala without a license plate.

A. On December 18, 2019, the Defendant driven approximately 2 kilometers from the front park of C elementary school located in the Daegu Suwon-gu Suwon-si B to the same way as the former D, while under the influence of alcohol content of at least 0.083% during blood transfusion around 02:55.

(b) No motor vehicle which is not covered by mandatory insurance shall be operated on a road;

Nevertheless, the defendant, at the same time and place as the above paragraph A, operated the above Oral Ba, which was not covered by mandatory insurance, in the same distance as Paragraph A.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the Acts and subordinate statutes governing police statements made against the occurrence of traffic accidents, actual condition investigation reports, investigation reports, investigation reports (report on the situation of the driver in charge of driving), inquiry into the results of crackdown on drinking driving, on-site photographs, self-gradation reports, E and F, and the application of police statements made against E and F;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (3) 2 and 44-2 (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 by which mandatory insurance 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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