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(영문) 대구지방법원 2017.05.12 2017고정406
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of the K5 vehicle B.

1. On May 20, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle without the driver’s license, around 800 meters, around May 20, 2015, from around 22:04, to around the front of the 96 So-called So-called So-called So-dong Agricultural Seed Academy, the said vehicle was driven without the driver’s license, around 171.

2. The Defendant 1 driven the said car under the influence of alcohol level of 0.160% in blood alcohol level of 0.160% in front of the 1st Kanyang Elementary School at the same time as the above paragraph 1, in front of the Ganyang Elementary School at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report made by the driver at driving, inquiry of the results of crackdown on drinking driving, and investigation report (with respect to refusal to affix seals);

1. License register and next inquiry;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a survey report on actual condition, field photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of an alternative fine for punishment;

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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