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(영문) 광주지방법원 해남지원 2016.05.12 2016고단40

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 15, 2016, around 14:20, the Defendant operated a motor motor device CNY125 U.S. bicycle without obtaining a motor device license from approximately 50 meters section to the front of the public health branch, on the ground located in the 11-lane 39, which is located in the 14:20 South, South, South, South, west west 39, a one-lane in calculation of the 1-lane for the transmission of the west meat cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of enforcement manual statutes;

1. Article 154 of the relevant Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On November 14, 2008, the Defendant was sentenced to a fine of two million won by the Jeju District Court due to a crime of violating the Road Traffic Act, etc. on six months of suspension of execution, a crime of violating the Road Traffic Act in the same court on March 28, 201, and a fine of two million won by the same court on July 4, 201.

Although the Defendant had been punished as a crime of violating the Road Traffic Act (drinking) on two occasions, the Defendant driven CN125 U.S. Mear bicycle under the influence of alcohol leveling about about 0.058% from the 50-meter section of alcohol level to the front road of the public health branch, as far as there was 39 U.S. in the calculation of the 14:20 on Jan. 15, 2016, when he was sent back from the front road to the south-west 11 of the same paths, the Defendant driven a Mear engine bicycle under the influence of alcohol leveling from around 50 meters to the front road of the public health branch.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the interest of the defendant should be determined even if there is a suspicion of guilt against the defendant.