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(영문) 대전지방법원 천안지원 2015.07.03 2015고정350

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of the B-A-Wurd-Wurn Vehicle.

On January 13, 2015, at around 22:45, the Defendant driven the said vehicle while under the influence of alcohol content of 0.101%, from the road near the Ministry of Employment and Labor’s jurisdiction in the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si to the roads in front of the Hyundai Gakdong located in Seoan-gu, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (i.e., the blood alcohol concentration of the accused is not relatively high, the accused reflects the crime, and the fact that no penal power exists);

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

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