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(영문) 대전지방법원 홍성지원 2014.07.09 2013고단718
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 15, 2012, the Defendant driven a non-registered motor bicycle without obtaining a license for a motorcycle driver on August 15, 2012, which was under the influence of alcohol with a blood alcohol concentration of 0.176%, on the roads front the National Pension Service, Yan-dong National Pension Service.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant statutory driving for a crime: The point of driving without obtaining a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and the main sentence of Article 43 of the Road Traffic Act: Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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