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(영문) 광주지방법원 해남지원 2018.08.09 2017고단388
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 16, 2017, around 19:40 on September 16, 2017, the Defendant driven an Oral ba, where the registration number that was not covered by mandatory insurance at approximately 700 meters from the front of the dry field, to the Defendant’s dwelling on the back of the dry field.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the Acts and subordinate statutes to notify the detection of a person who operates a non-registered motor bicycle rider;

1. Relevant Article 46 of the Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On June 19, 2008, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law in the support of the Gwangju District Court in Gwangju District Court on June 19, 2008, a fine of one million won due to the same crime in the same court on July 20, 2009, and a fine of one million won due to the same crime in the same court on December 30, 2010, and two years of imprisonment with prison labor for the same crime in the same court on December

Although the Defendant had been punished twice or more due to drinking driving as above, the Defendant driven an Oral brea whose number cannot be identified in the section of approximately 700 meters for the Defendant’s residence located in D on the front of the dry field of the Defendant’s brea field, under the influence of alcohol of at least 0.05% in alcohol level from around 19:40 on September 16, 2017, while under the influence of alcohol at least 0.05% in alcohol level.

2. The defendant's summary of the defendant's appeal asserts that ① operating a motor device bicycle as shown in the facts charged and measured a significant quantity of alcohol after drinking, ② The defendant's drinking measurement result cannot be believed because he did not give a significant amount of alcohol to the driver at the time of drinking measurement, and there is no evidence to prove that the defendant driven a motor device under the condition that alcohol level exceeds 0.05% during blood alcohol level.

3. Relevant legal principles

A. The facts charged in a criminal trial must be proved by the prosecutor, and the judge.

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