도로교통법위반(음주운전)등
The sentence against the accused shall be set forth as a fine of four million won.
If the defendant does not pay the above fine, 100,000.
Criminal facts
On September 14, 2018, at around 15:20, the Defendant driven DNA while under the influence of alcohol 0.182% of alcohol level without obtaining a motorcycle driver’s license from the front of the Defendant’s residence in Chungcheongnam-gun B to the front of C, and without obtaining a motorcycle driver’s license from around 300 meters.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of his/her oral statement on September 14, 2018;
1. Investigation report (Report on the status of an employee);
1. Notification of the results of self-driving control on September 14, 2018;
1. Application of the Act and subordinate statutes to the ledger of driver's licenses (No. 16 No.);
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter referred to as “Road Traffic Act”); Article 154 subparag. 2 and Article 43 of the Road Traffic Act concerning the crime
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the records and arguments such as the degree of the sentencing of Article 334(1) of the Criminal Procedure Act at the time of the reason for sentencing, the fact that there are once the same kind of records, the background and method of the crime, and the attitude after the crime, various sentencing conditions as shown in the arguments were considered.
Reasons for innocence
1. On September 5, 2018, the Defendant, at around 16:10, driven DNA while under the influence of alcohol alcohol concentration of 0.295%, without obtaining a motorcycle driver’s license from the front of the Defendant’s residence in the Daar-gun B to the front of the road in the direction of the Ethropi, and without obtaining a motorcycle driver’s license from around 500 meters to the front of the Eth.
2. The evidence submitted by the prosecution alone cannot be deemed to have proved that the Defendant was driving on September 5, 2018, and there is no other evidence to prove otherwise.
Therefore, this part of the facts charged is not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act, since there is no proof of criminal facts.