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(영문) 수원지방법원 평택지원 2013.04.26 2013고정130
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

The Defendant is a person who is engaged in driving free of registration CT100. A.

On November 16, 2012, the Defendant driven the vehicle under the influence of alcohol 0.110% of blood alcohol concentration at a 300-meter level from the 275th day before the two sides of the safe-to-face death-to-face 275 on November 16, 2012.

(b) Any person who violates the Automobile Management Act shall apply to the Mayor/Do governor for the registration of transfer of ownership of automobiles;

Nevertheless, the defendant is a defendant.

The above vehicle was operated without applying for the registration of transfer to the registration authority at the same time and at the same place as the paragraph without any justifiable reason.

(c) Any person who violates the Guarantee of Automobile Accident Compensation Act shall be prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, while the accused is also.

The above vehicle was operated without purchasing a mandatory insurance policy at the same place and time as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 81 subparagraph 1 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act, Articles 46 (2) and 5 (1) of the Guarantee of Automobile Accident Compensation Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the age of the accused and the primary sentencing conditions are considered in light of various sentencing conditions in the first place);

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

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

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