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(영문) 수원지방법원 안산지원 2014.09.25 2014고정3

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-owned C-Atop car, and even if the Defendant did not obtain a driver’s license issued by the commissioner of the Local Police Agency in the state that the driver’s license was revoked due to a drunk driving as of August 18, 2008, the blood alcohol concentration zero point zero point one percent (0.214%).

A. On July 23, 2010, around 21:15, a person drives the said vehicle at approximately 100 meters-meter from the front corner-dong 605-9 to the front corner-dong 691-9 of the same City of the same time from the forepart-dong of Ansan-si at Ansan-si 605-9;

B. At the same time and place as above, a person without a driver’s license was driving without permission as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as a report on detection of a driver, details of revocation of driver's license, traffic accident report (1), and (2);

1. Subparagraph 1 of Article 148-2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply) concerning criminal facts, Article 152 subparagraph 1 of the former Road Traffic Act and Articles 152 subparagraph 1 and 43 of the former Road Traffic Act (a point of driving without a license) concerning criminal facts;

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 (1) 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;