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(영문) 대구지방법원 2013.09.06 2013고정1942
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is a person who drives CCOE T-wheeled Motor Vehicle.

1. On May 13, 2013, the Defendant, while under the influence of alcohol of 0.103% of the blood alcohol concentration on May 13, 2013, driven a 500-meter driving of the said two-wheeled vehicle in front of the Green cafeteria located in the Daegu-gu Filial Zone, to the front direction of the same Simdong-gu.

2. The Defendant driven without a motorcycle driver’s license as stated in the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Traffic accident report, accident detection report, and circumstantial statement of the driver concerned;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (the defendant is against his/her will, the defendant's age is equal to 18 years, the first offender is equal, and the character and conduct, family environment, circumstances of the crime, etc. of the defendant are considered);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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