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(영문) 춘천지방법원 강릉지원 2014.03.26 2013고정528
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 27, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on September 27, 2010; on November 14, 2012, the same court was sentenced to a fine of KRW 5 million for the same crime; and is engaged in driving of a C motorcycle.

On May 18, 2013, the Defendant, without obtaining a motorcycle driver’s license from around 00:00 on May 18, 2013, driven approximately 3 kilometers in the section above the Defendant’s motorcycle in front of the main point of “Japhids” located in Gangseo-si, Gangseo-si, which is under the influence of 0.220% of blood alcohol content, as the Defendant’s motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. The register of blood appraisal reports and driver's licenses;

1. Previouss before judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle);

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

1. Selection of an alternative fine for punishment;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is a recipient of basic living expenses, and that the defendant has suffered damage to psychotropic damage due to an accident during the crime in this case);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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