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(영문) 청주지방법원 충주지원 2019.06.26 2019고단230
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

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

Reasons

Criminal facts

[criminal power] On February 10, 2017, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court’s Chungcheong Branch on February 10, 2017, and a fine of KRW 2 million from the same court on November 22, 2013.

【Criminal Facts】

1. The Defendant committed the crime of April 8, 2019, without obtaining a motorcycle driver’s license around 20:05 on April 8, 2019, the Defendant driven the bubane in the section of approximately 100 meters from the front of the cafeteria “C” restaurant located in the Cheongbuk-gun B to the front of the “E” road located in D, while under the influence of alcohol content of 0.115%.

2. The Defendant committed the crime of April 9, 2019, without obtaining a motorcycle driver’s license around 13:20 on April 9, 2019, the Defendant driven the lebbb in the section of about 10km from the center of the voice-Eup in Chungcheongbuk-gun, the front of the voice police station to the road of the same Eup, the 26km from the front of the voice police station to the road of the same Eup, and the front of the ebbane.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Detailed details of driver's licenses and the register of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2(1)1, and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter referred to as “Road Traffic Act”), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act for criminal facts (the driving of a driver’s license for each motorcycle without permission)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of April 8, 2019).

1. With respect to the crime of violation of the Road Traffic Act by choice of punishment, the punishment shall be sentenced to imprisonment and the fine shall be sentenced to the crimes of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. The Criminal Act in regard to the punishment of a fine in a workhouse;

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