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(영문) 인천지방법원 2017.04.19 2017고단17
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

[criminal history] On June 8, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Incheon District Court's Branch Branch of the Incheon District Court. On April 13, 201, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic laws (drinking) from the Incheon District Court's Branch of the Incheon District Court. On April 11, 2013, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic laws (drinking) at the Incheon District Court's Branch of the Incheon District Court, and on February 13, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act from the Incheon District Court's Branch of the Incheon District Court to the Military Service Act for six months as of February 24, 2014, and the parole period in the Incheon Detention House passed on February 5, 2015.

[Criminal facts]

1. Around December 17, 2016, the Defendant violated the Road Traffic Act (drinking) driven a B-on vehicle while under the influence of alcohol of about 0.119% in alcohol at a distance of about 500 meters from the front side of the Bupyeong-gu Incheon Metropolitan City square to the front side of the Bupyeong Park located in 16, the Bupyeong-gu Incheon Metropolitan City square, to the end of the Bupyeong Park at approximately 64 meters of alcohol.

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 car B, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver employed at the main place, inquiry into the difference, and inquiry into the mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each summary order and judgment, the current status of acceptance of each individual, and the application of each Act and subordinate statutes reporting criminal investigations

1. Relevant legal provisions concerning facts constituting an offense and the point of driving a selective drinking of punishment: Driving a motor vehicle which is not subject to mandatory insurance under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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