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(영문) 대전지방법원 천안지원 2015.09.18 2015고단847
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 22:00 on November 22, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, without obtaining a special license for driving a leper vehicle, and driving a leper vehicle from the front side of the “D” road located in the Northwest-gu, Western-gu, Western-si C to the road located in the same Dong-dong, the Ministry of Employment and Labor from approximately 7.5km to the road located in the vicinity of the cheon-gu Office.

2. On November 23, 2014, at around 05:30, the Defendant driven an E stacker vehicle under the influence of alcohol by at least 0.131% of blood alcohol concentration without obtaining a special license for driving a string vehicle at approximately 7.5 km from the roads near the Yananananbuk-gu, the Ministry of Employment and Labor located in the northwest-gu, Seoan-gu, Seoan-gu, Seocheon-gu to the roads in front of “D” located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and G;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police officer in relation to H;

1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and

1. Images of field photographs;

1. Application of statutes of one copy of the register of driver's license and record of telephone conversations;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act by November 23, 2014, between a violation of the Road Traffic Act by November 23, 201 and a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act, heavier than the punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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