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(영문) 서울남부지방법원 2018.02.01 2017고정1571
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 11, 2017, the Defendant was driving a 125C Pool whose number is not displayed from a place under the influence of alcohol content of 0.110% in blood at around 20:18 to a children’s park prior to the Seoul Yeongdeungpo-gu 106 large forest.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of 125C Maz. 125C Maz.

The Defendant operated the above Oba, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. A statement to the effect that when the defendant was dispatched to the scene of police B or C from among reports on occurrence of a violation of the Road Traffic Act (drinking, such as drinking), the defendant was seated next to the breath while under the influence of alcohol;

1. Report on the circumstances of driving under the liquor:

1. A report on internal investigation (attaching photographs);

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of driving at home;

1. Investigation report ( investigation into unregistered, non-registered, and insurance);

1. Related video CDs;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) (the point of drinking alcohol) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, 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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