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(영문) 서울북부지방법원 2015.10.23 2015고정1799

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a unregistered (50c) or an Oral (50c).

On April 30, 2015, the Defendant, while under the influence of alcohol around 03:00, without obtaining a motorcycle driver’s license, with a blood alcohol content of 0.276%, driven the above 1.5 km from the vicinity of the bachelor’s village in Daejeon Seo-dong to the front of the art gallery in the same Gu-dong Chungcheongnam-dong University.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A report on investigation;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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