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(영문) 대전지방법원 천안지원 2017.07.06 2017고정299
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 3, 2016, the Defendant, without obtaining a license for a motor device bicycle for light 06:12, operated a motor bicycle with no number plate in approximately 2 km section from the front of the residence of the Defendant in the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, Yan-gu, in a state of drinking 0.142% alcohol concentration in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the crackdown of drinking and non-licensed driver;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. The scene of the case and photographs of electric kicks;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 154 (2) and 43 of the Road Traffic Act;

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

1. Selection of a fine for negligence;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the same Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant was unaware of the circumstances leading up to detection of the crime of this case (the defendant's own rescue request was controlled), the shape and structure of the motor device bicycle bicycle (former kackboard), and the defendant did not know that he was not aware of the necessity of a license to drive the motor device bicycle (former kackboard), and that he was not a driving after drinking.

The statement appears to be reliable, and considering the health status, property status, criminal punishment, etc. of the defendant.

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