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(영문) 대전지방법원 논산지원 2020.05.19 2020고단148

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2020, the Defendant, without obtaining a driver’s license at around 17:40 on February 2, 2020, driven a motor bicycle, which is a motor bicycle without a license plateing from the front side of the Crode, located in Chungcheong-gun B, Chungcheongnam-do, to the front road of about 20 meters, without obtaining a driver’s license, at approximately 0.145% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of an alternative fine for punishment;

1. Article 62 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a suspended sentence of imprisonment is invalidated or revoked);