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(영문) 춘천지방법원 강릉지원 2016.11.24 2016고단1279
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

[criminal power] On March 19, 2012, the Defendant was sentenced to a summary order of 2.5 million won by committing a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on March 19, 2012, and was sentenced to a suspended sentence of 2.5 million won by the same court on November 5, 2015.

【Criminal Facts】

On June 5, 2016, at around 16:40 on June 5, 2016, the Defendant driven a motorcycle, which is a motorcycle, e.g., 50% under the influence of alcohol without obtaining a motorcycle driver’s license from approximately 400 meters in a section of approximately 0.183% of the blood alcohol concentration, from the road near the Defendant’s dwelling place in Gangseo-si to the lusium in the same lusium located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Investigation report (D counterpart confirmation of engine displacement with engine displacement);

1. Criminal records, investigation reports (Attachment of judgment on the same attached type of power), and application of Acts and subordinate statutes to criminal investigation reports (Attachment of summary order on the same attached type of power);

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

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

1. Selection of a selective fine for a punishment (the circumstance in which the period of suspension of execution is recognized due to the same type of crime shall be elderly, and this case shall be taken into account the fact that the degree of risk caused by driving a motorcycle (the "motor bicycle") which is not a motor vehicle, is not significant;

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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