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(영문) 수원지방법원 평택지원 2016.03.18 2015고정760

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 October 9, 2015, the Defendant driven B obb, while under the influence of alcohol of about 0.135% of alcohol content in blood, without obtaining a motor device license from around about 100 meters to the front road of the Bosi apartment apartment located in Pyeongtaek-si in front of Pyeongtaek-si, Pyeongtaek-dong around 17:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of each statute on photographs;

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

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 for Reduction of Small Quantity (Considerations, such as the fact that the person is a motor device bicycle rider, aged and has no particular import source);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.