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(영문) 춘천지방법원 2020.11.12 2020고단876
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On July 21, 2020, at around 00:31, the Defendant driven DSS80G 72ccc, while under the influence of alcohol leveling 0.203% of blood alcohol level at the national highways of approximately 5km from Hongcheon-gun to about 44m in front C of the same military, without a motorcycle driver's license.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing the inspection of the legal statements of the accused, the notification of the results of the control of drinking driving, the report on circumstantial statements of the driver's license in the ledger of driver's license;

1. Relevant provisions of Article 148-2 (3) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant order for provisional payment is considerably high in the blood alcohol concentration, the traffic accident occurred to the person himself, the driver's licenseless driving repeated, the driver's licenseless driving of the instant vehicle does not cause any other physical damage, the driver's licenseless driving does not have any previous record, and the driver's license of the instant vehicle is a motorcycle.

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