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(영문) 수원지방법원 2016.04.14 2016고정481
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[2016 High 481] On July 31, 2015, the Defendant driven B 15:40 on the front side of the 'Scongwon cafeteria' which is located in the Suwon-gu, Suwon-si under the influence of alcohol content 0.234% of alcohol during blood transfusion on July 31, 2015, without obtaining a motor device license for approximately approximately 280 meters from the front side of the 'Scongwon cafeteria cafeteria' to the front side of the 284 South river.

[2016 High 482] On July 8, 2015, under the influence of alcohol 0.071% among the blood transfusion around 13:30 on July 8, 2015, the Defendant driven B 200 meters of approximately 70 meters from the 357-2nd road of the Changwon-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, to the 11-2nd road of the same Gu monthly 357-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Photographss, such as the scene of a traffic accident, and photographs;

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

1. Relevant legal provisions and Articles 148-2(2)1, 44(1) (i.e., self-driving on July 31, 2015), Articles 148-2(2)3 and 44(1) (i.e., self-driving on July 8, 2015) of the Road Traffic Act concerning facts constituting an offense, as well as Articles 154 subparag. 2 and 43 of the Road Traffic Act (i.e., non-licensed driving on July 8, 2015), each of the options of fines;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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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