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(영문) 인천지방법원 부천지원 2013.06.28 2013고정882

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 9, 2013, the Defendant, without a driver’s license on April 23:40, 2013, while under the influence of alcohol as 0.10% of blood alcohol content without a driver’s license, driven approximately 300 meters from the front day of the modern department store located in the Nowon-gu, Seoul Special Metropolitan City to the front day of the same 531-6th day of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement of the status of the driver;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes on the cancellation of driver license;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 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;