beta
(영문) 춘천지방법원 강릉지원 2013.09.04 2013고정310

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 9, 2013, the Defendant, while under the influence of alcohol with blood alcohol content of 0.143% (the result of measurement) without a driver’s license, driven a two-wheeled vehicle owned by himself/herself, with approximately 100 meters from the center of Gangseo-si, Gangseo-si, Jung-si, to the road of the same order-based supervision lecture, after the order-based supervision lecture.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on detection of drivers, field photographs, and the statutes on the register of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant reflects the mistake and that the defendant lives economically difficult for a basic living recipient in the state of disability in his/her arms);

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;