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(영문) 창원지방법원 밀양지원 2014.10.10 2014고단287
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[2014 Highest 287] On July 6, 2014, the Defendant was under the influence of blood alcohol content of 0.099% without obtaining a driver’s license on July 16, 2014, and was driving a Crocketing car in the section of about 4 km for the first day of the Han-gu travel in the Republic of Korea, Gyeongnam-gun’s Do, and was in the influence of blood alcohol content of 0.09%.

[2014 high-level 145] The Defendant is a rocketing passenger driver.

On March 15, 2014, at around 11:40, the Defendant driven the said rocketing car while under the influence of alcohol by at least 5 kilometers of blood alcohol concentration zero percent (0.178) from the previous Do in front of the Hansung Hospital located in the Eup-Myeon of the same Do to the front of the village located in the Mauri-si of the same military.

Summary of Evidence

[2014 Highest 287]

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and inquiry into the driver's license;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a report on control over drinking practice;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of a drunk driving as stated in subparagraph 287 of the same Article), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving as stated in subparagraph 145 of the same Article), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of a fine, respectively, for the crime of violation of the Road Traffic Act (non-licensed driving) in relation to a selective punishment, and for the crime of violation of the Road Traffic Act (No. 2014 fixed-term 145);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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