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(영문) 대전지방법원 천안지원 2014.09.18 2014고정223

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 January 18, 2012, at around 09:35, the Defendant, without a driver’s license, driven a B B-S car while under the influence of alcohol content of 0.143% from the front of a mutually influent restaurant located in the Dong-gu Culturedong, Chungcheongnam-gu, Chungcheongnam-gu to the front of the street of the race track located in the Dong-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of the report on detection of a drinking driver, the ledger on use of a drinking measuring instrument, the ledger of driver's licenses;

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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to a drunk driving as stated in the judgment heavier than the punishment, but the choice of fines);

1. Articles 70 (1) 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;