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(영문) 창원지방법원 통영지원 2016.03.14 2016고정93

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

Criminal facts

On November 28, 2012, the Defendant, without a driver’s license, driven B vehicles with approximately 20 meters of alcohol level 0.133% under the influence of alcohol level 0.13%, starting from the studio in the Popa-dong, Popa-dong, Popa-dong without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of statutes to inquire into the ledger of driver's licenses and disqualified statutes of the main office;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

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