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(영문) 서울북부지방법원 2018.05.03 2018고정8
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives two vehicles in B.

1. On July 10, 2016, the Defendant was under the influence of alcohol level of 0.141% among the blood transfusion around 05:30 on July 10, 2016, the Defendant driven the said vehicle at approximately 3km from the 2km elementary school near Dongdaemun-gu Seoul, to the 81st day of Seoul Dongdaemun-gu High Art.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said vehicle without a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

1. Prohibition on the result of drinking control;

1. Application of statutes, such as the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of an alternative fine for punishment;

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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