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(영문) 전주지방법원 2016.04.19 2016고정30

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 30, 2015, the Defendant driven a B car at the section of about 10km between the 30km-gun and the 0.100% alcohol level among the blood transfusion around 07:40 on September 30, 2015, while under the influence of alcohol leveling to 0.10%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A written consent to blood collection, a written request for appraisal, a response to a request for appraisal, and a report on the detection of the driver involved;

1. Application of the Act and subordinate statutes to the investigation report (the application of the above dmark);

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (including the fact that he/she has no previous record of the same kind of crime, and the fact that he/she reflects it, etc.);

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;