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(영문) 대전지방법원 2016.01.21 2015고정1629
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

1. On September 17, 2013, at around 22:50, the Defendant driven a three-wheeled motor vehicle at KRW 2400,00, while under the influence of alcohol level 0.223% while under the influence of alcohol level 0.23% during blood, the Defendant driven a three-wheeled motor vehicle at around 100, under the influence of alcohol level.

2. On October 3, 2013, the Defendant driven a three-wheeled motor vehicle at approximately 300 occ from the front of the Sejong Special Self-Governing Province to the intersection of the same different principle from the Do before the Sejong Special Self-Governing Province, without a Class 2 license around 16:20, around 201, the Defendant driven a three-wheeled motor vehicle at approximately 300 occ from the Do before the Sejong Special Self-Governing Province.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) on September 17, 2013, and a violation of the Road Traffic Act (non-licenseed driving) with heavier punishment);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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