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(영문) 창원지방법원 진주지원 2017.07.20 2017고정191
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[criminal history] On June 26, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Jinwon District Court's Jinju branch on the ground of a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on October 1, 2015.

[Criminal facts]

1. On February 17, 2017, the Defendant was under the influence of alcohol content of 0.126% among blood transfusions on February 17, 2017, the Defendant driving a B mountain-pon car within the 10-meter section from the front day of the tower in the summer-dong at Jinju to the front day of the Paris car in the same Dong, while under the influence of alcohol content of 0.126%.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person holding the said car, operated the said car that was not covered by mandatory insurance at the above date, time, and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (referring to filing of the same criminal records and summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (Operation of Motor Vehicles which are not mandatory insurance);

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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