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(영문) 춘천지방법원 강릉지원 2013.08.14 2013고정276
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is engaged in fishery and drives approximately 500 meters from May 02, 2013 to the front of a restaurant that assists in the same Eup/Myeon without a motorcycle driver's license at around 02:00, while under the influence of alcohol with a blood alcohol content of at least 0.190%.

Summary of Evidence

1. Defendant's legal statement;

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

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

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 an alternative fine for punishment;

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

1. The amount of the fine shall be reduced in light of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the order of provisional payment are not good in the economic situation, that the defendant supports his wife alone, that this case also prevents his wife from paying school travel expenses due to economic difficulties.

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