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(영문) 대구지방법원 경주지원 2017.05.25 2017고정81
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 4, 2017, the Defendant: (a) around 21:40, the Defendant driven a B rocketing car under the influence of alcohol content of 0.205% while under the influence of alcohol without obtaining a driver’s license from around 1km to the front day of the Japanese oil station in the Seocho-si, Seocho-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Violation of traffic Acts and subordinate statutes (driving and non-licensed driving), notification of the results of crackdown on driving of drinking, inquiry of the results of crackdown on driving of drinking, statement of the circumstances of the driver under driving, and application of the ledger of driver's licenses;

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

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

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for Reduction of Quantity [number of extenuating circumstances, such as the fact that the defendant has repented his/her mistake in depth and that he/she raises two children (high 3 and 3) in a very difficult situation in economy];

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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