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(영문) 춘천지방법원 2013.03.26 2012고합190

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 09:50 on August 12, 2012, the Defendant driven a 50cc bit scooters under the influence of alcohol content of 0.305% without obtaining a driver’s license, in a section of about 17 km from the front day of the 1284-1, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do to the front day of the scoo in writing on the 1st day of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, registers of driver's licenses, and records of the control of drinking driving;

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

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., the confession and rebuttal of the crime in this case and the fact that the defendant drives 50cc scooterss);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.