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(영문) 대구지방법원 김천지원 2015.09.10 2015고정310
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. [2015 high-level 310] The Defendant is a driver of a passenger car in B lebato.

On January 29, 2014, at around 22:45, the Defendant driven the said car under the influence of alcohol content of 0.103% without a car driver’s license, at a section of approximately 3 kilometers in front of the new bank located in the south-dong of the same city on the road front of the road once.

2. [2015 high-level 314] On October 1, 2013, the Defendant driven B Le or cargo under the influence of alcohol of about 0.097% without obtaining a driver’s license at the section of about 3km in front of the backer cafeteria cafeteria located in the Yellow-si, Kimcheon-si to the end of the same city in the front of the Matoo Kao Kao-dong.

Summary of Evidence

[2015 High Court Decision 310]

1. Defendant's legal statement;

1. On-site reports (including preparation and attachment of a report on the statement of the situation of a motor vehicle driver), investigation reports (the register, etc. of driver's licenses of motor vehicles) (2015, 314);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on de facto statements of drivers;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under paragraph (1) at the time of the market), Articles 148-2 (2) 3, and 44 (1) of the Road Traffic Act (the point of driving under paragraph (2) at the time of the market), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning the

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (each punishment provided for in the provisions of Articles 40 and 50 (each paragraph at the time of displaying) and each subparagraph of the Road Traffic Act, the punishment provided for in the provisions of paragraph (1) of the holding, of which punishment is heavy, and the punishment provided for in the provisions of paragraph (2) of the holding, for the facts provided for in the provisions of the Road Traffic Act, of which punishment is heavy;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment prescribed for a violation of the Road Traffic Act with heavy punishment);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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