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(영문) 광주지방법원 순천지원 2016.09.29 2016고단1379
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On May 10, 2016, the Defendant was driving a B rocketing car under the influence of alcohol concentration of 0.207% in the blood alcohol level without obtaining a driver’s license from around 1k section from the front line of 18-lane 5-gil, Sincheon-si, Seoul, at around 09:00 on May 10, 201, to the south-do office located at 144 in the same fri-ro 144.

2. No one shall make a false report on any crime or disaster to a public official who is not in violation of the Punishment of Minor Offenses Act;

On May 10, 2016, the Defendant reported 112 on the following grounds: (a) on May 12:39, 2016: (b) on the road of the above rocketing Dog on the road; (c) on the ground that the vehicle driver and the vehicle driver did not reach an agreement on traffic accidents, the Defendant reported 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (related to the application of the above d mark);

1. License register;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 3 (3) 2 of the Punishment of Minor Offenses Act concerning the Punishment of Minor Offenses;

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

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order shall be determined as follows: (a) the Defendant’s records of the same crime (the records of fines for drinking alcohol driving in 2013 and 2005), the drinking volume of the instant case, driving circumstances, etc.; and (b) the sentence as ordered.

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