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(영문) 수원지방법원 여주지원 2015.08.25 2015고정200
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 21:30 on March 18, 2015, the Defendant driven a C Daelim message 50 cc. occ. with approximately 3 kilometers from the Hacheon Park Funeral Station in Hacheon-si, the border of the Hacheon-si to the front street of the 1350 Pacific-si, in the state of alcohol of 0.152% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes, such as computer inquiry for driver's license;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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 a fine for the crime of violating the Road Traffic Act, in the option of punishment;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the first offender and the fact that the driver is a motorcycle driver);

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;

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