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(영문) 제주지방법원 2017.10.27 2017고정342
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

around 00:01 on January 17, 201, the Defendant driven Csch Rexton car at approximately 0.127% under the influence of alcohol concentration between approximately 7km and 0.127% at the distance of 7km to the intersection at the entrance of the new mnife of the Nam-Eup, Nam-gu, Seopo-si, Seopo-si.

around 13:55 on July 19, 2017, the Defendant driven the Csch Rexton car from around 1km to around 8558 in Seopo-si, Seopo-si, Seopo-si, Seopo-si, 64 at the center of Seopo-si, Seopo-si, Seopo-si, Seoul, without a driver’s license.

Summary of Evidence

"2017 High 342"

1. Statement made by the police against D;

1. The report of investigation (as to the place of control)

1. The defendant asserts that he did not have any fact of driving at the time of the instant case.

However, taking into account the following points of the first representative engineer D, the point of control of this case, the fact that the Defendant was seated at the driver’s seat at the time of crackdown, and the fact that the Defendant stated that he was not aware of his memory at the time of crackdown, which is acknowledged by the evidence of the judgment, may be recognized as driving under the influence of alcohol at approximately 7 km from the point of control of this case to the point of control of this case).

"2017 Highest 2153"

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and the selection of fines for each crime;

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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