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(영문) 대구지방법원 포항지원 2017.05.24 2017고정57
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 28, 2015, the Defendant driven a two-wheeled vehicle with no serial number plate around 19:25, while under the influence of alcohol 0.225% in blood without a motor device bicycle driver’s license, the coast in the north-gu, North-gu, Seoul Special Metropolitan City was driving approximately 300 meters on the road at the entrance of the Bukdong-dong (Seoul Special Metropolitan City) with approximately 0.25% in alcohol level in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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