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(영문) 서울북부지방법원 2017.12.19 2017고정2006
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On November 15, 2016, the Defendant was under the influence of 04:30% of alcohol during blood transfusion on November 15, 2016 without obtaining a driver’s license for a motor vehicle, and CM5 motor vehicle was driven from the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the Nowon-gu’s station located in the offshore to the frontway of Seoul Special Metropolitan City.

2. On November 15, 2016, the Defendant violated the Guarantee of Automobile Damage Compensation Act, as the owner of the CM5 car, driving the said car without mandatory insurance at the front of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each alternative fine for punishment;

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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