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(영문) 대전지방법원 2013.11.27 2013고단3481
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 09:00 on July 2, 2013, the Defendant driving a Bone Star Cargo, owned by the Defendant, while under the influence of alcohol alcohol concentration of about 50 km at approximately 0 km to the point of 48 km in the Jinho-gu Daejeon Daejeon High-ro Highway (Seoul High-gu), Seo-gu, Daejeon Special Metropolitan City (hereinafter “Seoul High-gu”) from the 09:00 on July 2, 2013, under the influence of alcohol concentration of about 0.140 km.

2. Violation of the Road Traffic Act (Free Driver’s License) was revoked and the driver’s license was not granted, the Defendant, even though there was no driver’s license, was driving the said vehicle at approximately 50 km from the time below the Daejeon Seo-gu New Vibration (Seoul High School), to the point of 48 km away from the Jinung-gu Daejeon High School Highway (Seoul High School), the said vehicle was located at approximately 48km

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Control note;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act 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 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime of violating the Road Traffic Act due to the influence of drinking, whichever is heavier)

1. Selection of an alternative fine for punishment;

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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