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(영문) 수원지방법원 평택지원 2016.11.03 2016고단1477

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 09:40 on July 7, 2016, the Defendant driven a Cknife car without obtaining a driver’s license, and operated approximately 2 kilometers up to 2 kilometers up to the road front of the 25-lane 29, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, 25-ro 29.

2. At around 10:50 on July 7, 2016, the Defendant: (a) driven the said car with a blood alcohol concentration of 0.05% without obtaining a driver’s license; and (b) operated the said car with a vehicle with a blood alcohol content of 0.05% on the front of the said car parking lot in front of the said car parking lot for the instant “cadic restaurant,” a section of approximately 500 meters for one-way passage in front of the

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Report on the circumstances of driving without a license;

1. The ledger of driver's licenses (the evidence reveals that, after the Defendant fighting with the husband and wife on July 7, 2016, the Defendant driven a vehicle from the house to the station 2 km away from 09:40, and around 10:50 meters away from the house to the station 2km away from the house. From that place, the Defendant was over 10:50 meters away from the house to 10:20, and 10:50 meters away from the house to 10:50. The Defendant was over 10:54 after approximately 4 minutes, measured a drinking by repulmonary pulmonary measuring instruments. Considering the vehicle moving distance, the Defendant was over 0.050% from 10:0 a.m. to 20 minutes after drinking, and the Defendant was over 50 minutes after drinking alcohol, it can be sufficiently recognized that he fell under the Defendant's alcohol concentration at least 50%.

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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