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(영문) 대전지방법원 홍성지원 2015.03.25 2014고단824
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 13, 2014, at around 19:20, the Defendant driven a C large-scale Mebabababababab, under the influence of alcohol content of about 400 meters without a car driver’s license, from approximately 400 meters away from a simple bus stops located in the west-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-do to the bottom of the steel-road located in the same west-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

1. Relevant statutory driving for a crime: Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the charge charged with not guilty part of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a person who has been under the influence of drinking twice after June 1, 2006.

On August 13, 2014, at around 19:20, the Defendant driven a C large-scale cream with a blood alcohol content of about 400 meters without a car driver’s license from a simple bus stop located in the west-gun, Seocheon-gun, Chungcheongnam-gun, Seocheon-do to the bottom of the steel-road located in the same west-gun of the same 400 meters away from the 400-meter section to the lower side of the street located in the same west-do.

Judgment

With respect to the above facts charged, the prosecutor filed a prosecution by applying Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act.

Article 148-2(1)1 of the Road Traffic Act (hereinafter “instant provision”) which was amended on June 8, 2011 and enforced on December 9, 2011 provides that “any person who has violated Article 44(1) twice or more and drives a motor vehicle, etc. while under the influence of alcohol in violation of Article 44(1) again shall be punished by imprisonment with prison labor for not less than one year but not more than three years and by a fine not less than five million won but not more than ten million won.”

the same as the case may be.

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