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(영문) 대전지방법원 서산지원 2021.03.29 2020고정311
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On July 27, 2012, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court on July 27, 2012, and on January 9, 2015 by the same court as the same crime.

On May 9, 2016, around 14:50 on May 14:50, 2016, the Defendant driven a Ftech with alcohol concentration of about 0.079%, without obtaining a driver’s license, from the front side of the road B located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the entrance of E located in the same Gun.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle without a driver’s license at least twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

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

1. The application of the Acts and subordinate statutes of subparagraph (A) to any notification of the results of regulating drinking driving, any statement made under the circumstances of the driver involved, and any inquiry;

1. Article 148-2(1)1, Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, May 27, 2018); Article 152 Subparag. 1, 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 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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