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(영문) 수원지방법원 2016.07.06 2016고정363

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

Punishment of the crime

On November 15, 2015, at around 02:45, the Defendant driven a coo vehicle C in a section of about 10 meters while under the influence of alcohol content of about 0.197% in blood without a vehicle driver’s license on the front of the Gamban-si Si Magdong 1328-2 “ Paris Lbrate”.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes on investigation reporting;

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 the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 requires a strict punishment in that the criminal defendant committed a second offense in the same year despite the same criminal record as the sentencing of Article 334(1) of the Criminal Procedure Act. However, considering the extremely short distance of the criminal defendant's driving, the punishment is determined as ordered.