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(영문) 수원지방법원 여주지원 2017.04.14 2016고정349

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 21, 2016, the Defendant driven a two-wheeled vehicle B C 100cc in the section of about 300 meters from around 200 meters in the direction of alcohol 0.091% under the influence of alcohol during blood without obtaining a bicycle license for a motor device for light of 01%, to the front day of the 2003-lane, as from around the water restaurant located in 2096-5 in Echeon-si, Hacheon-si, Hacheon-si, Hacheon-si, to the 300-lane road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order reaches 0.091% of the Defendant’s blood alcohol content at the time of the instant crime, and there are no inevitable circumstances that the Defendant is required to drive at the time. Unlike the penal provision on driving without licenses, the penal provision on driving without licenses is different from that on the case of driving a two-wheeled automobile, and the penal provision on driving without licenses is determined to be a reasonable fine.