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(영문) 대구지방법원 2013.05.30 2013고정699

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of the vehicle B, self-durged vehicle.

On January 10, 2013, at around 23:35, the Defendant driven the said vehicle under the influence of alcohol with approximately 5 km up to 0.146% of alcohol content, prior to a restaurant where it is difficult to know the trade name in the Daegu Suwon-gu Suwondong, Busan-si, the Defendant driven the said vehicle under the influence of alcohol with approximately 0.146% of alcohol content in front of it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da14

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.