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(영문) 광주지방법원 2014.04.08 2014고정446
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a driver of 110cc (CC) in his own possession.

On September 7, 2013, the Defendant obtained a motorcycle driver’s license on September 23:19, 2013, and driven a 100-meter amount from the day before the Gansan-dong in Gwangju Northern-gu to the day before the food restaurant located in the same Dong while under the influence of alcohol content of 0.161%.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of the report on detection of the driver and the report on the circumstantial statement of the driver; and

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

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

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

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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