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(영문) 부산지방법원 2020.02.19 2019고정1518

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 8, 2019, at around 04:20, the Defendant driven Cmerdo 49CC under the influence of alcohol leveling 0.154% without obtaining a motorcycle driver’s license in front of his dwelling area, even in front of his dwelling area, and without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. Registers of driver's licenses;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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;