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(영문) 대전지방법원 홍성지원 2016.06.30 2016고정121
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On February 17, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C Poter truck within a about 4km section from the Defendant’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do to the front road of the volcanic industrial company located in the same city office, without a driver’s license.

2. On February 18, 2016, the Defendant driven C Poter Cargo under the influence of alcohol level of 0.132% without the driver’s license, while driving a C Poter under the influence of alcohol level of 0.132% in front of D D house in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Notification of the results of regulating the driving of alcohol and the application of Acts and subordinate statutes of the report on the circumstances of drivers;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the occupation of driver's license without permission and the occupation of drinking on February 18, 2016);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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