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(영문) 대구지방법원 2016.05.19 2016고정106

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[2016 High Court Decision 106] On December 11, 2014, the Defendant driven BSP car at approximately 500 meters in front of the new four-distance road located in the middle-gu Jung-gu, Daegu-gu, in lieu of Daegu-gu, while under the influence of alcohol content of around 05:18 on December 11, 201, the Defendant driven BSP car at approximately 00 meters in front of the new-nam four-distance road located in the middle-gu, Daegu-gu.

[2016 High 215] On November 10, 2014, the Defendant driven BSP car from the Do in the vicinity of the Industrial Information University under the influence of alcohol content of 0.201% at around 03:38 on November 10, 2014, to the clock parking lot located in 2634 in Daegu Suwon-gu, Daegu-gu, via the four distance per half month from the Do in front of the drinking house in the vicinity of the Industrial Information University.

Summary of Evidence

[2016 High Court Decision 106]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating driving of drinking alcohol (2016 high-level 215);

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2(2)1, 44(1) (i.e., self-driving on November 10, 2014) of the Road Traffic Act concerning criminal facts; Articles 148-2(2)2 and 44(1) (i.e., self-driving on November 10, 201) of the Road Traffic Act; and the choice of fines, respectively;

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;