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(영문) 창원지방법원 2016.04.28 2016고정279

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 21, 2015, without a driver's license for a bicycle, the Defendant driven a 100-meter C Orala with 100 meters high level C Orala from the windowless road located in Seosan-dong, Changwon-dong, Changwon-si, which is under the influence of alcohol level of 0.171% in the blood alcohol level without a driver's license for a bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to reduce the amount of small work (see, e.g., cases where a motor device bicycle rider is operated, and the defendant is aged and is of physical disability 1);

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 concerning the order of provisional payment;