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(영문) 대구지방법원 김천지원 2017.09.05 2017고정42
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On August 7, 2011, 201, the Defendant driven a 49cc Obane without the motor bicycle driver’s license from around 1km to the front road of the cafeteria, Kimcheon-si, where the trade name in the Kimcheon-si, Kimcheon-si cannot be known. The Defendant driven a 49cc Obane without the number plate while under the influence of alcohol with about 0.283% of alcohol concentration in the blood.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver;

1. Investigation report (the circumstantial report of the driver at the main place of business);

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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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