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(영문) 서울북부지방법원 2016.06.09 2016고정1066

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On February 18, 2016, the Defendant driven the above cargo vehicle at a section of about 25 km from the fluench in Gyeonggi-si to the 80-78 front road in Seongbuk-gu, Seongbuk-gu, Seoul while under the influence of alcohol level of 0.174% during blood transfusion on February 18, 2016.

2. While driving the above vehicle at the night of the day and driving about about 1.5 km from the road near the Sejong Rock in Seongbuk-gu Seoul, Seongbuk-gu to the front road of the entrance of the room market located in the Hancheon-dong in Seongbuk-gu, Seoul, the defendant, who received a report by driving the three-lanes and four-lanes of the five-lane road, and directed the police officer dispatched to stop the vehicle on several occasions by driving the vehicle, driving a siren, sounding a siren, and broadcasting it in microphones, but without complying with the above instruction of the police officer to stop the vehicle, the police officer continued the above act and continued to cause danger or injury to others or cause danger to traffic, thereby violating the direction of the police officer to regulate traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drivers, reports on the circumstances of drivers in charge, and inquiries about the results of crackdown on drinking;

1. 112 A list of reported cases;

1. Investigation Report - Hearing of the other reporter’s statement, confirmation of CCTV by patrolr, investigation report - Application of the statute to the driving of the suspect’s distress.

1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1) (the point of drinking alcohol), 151-2, and 46-3 (the point of driving in distress) of the Road Traffic Act and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;