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(영문) 대구지방법원 경주지원 2017.09.13 2017고단326

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 6, 2017, the Defendant driven BNEW-EF rocketing vehicles under the influence of alcohol content of 0.135%, while under the influence of alcohol at 0.135% in front of female middle school in the front of a female middle school.

2. On June 2, 2017, at around 20:44, the Defendant driven BNEW-EF rocketing vehicles under the influence of alcohol concentration of 0.096% in blood on the three-distance roads of Young Village in the Sung-dong, Young-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of each drinking alcohol and application of Acts and subordinate statutes reporting the circumstances of driving each drinking alcohol;

1. Article 148-2(2)2, Article 44(1) of the Road Traffic Act (the point of drinking and the selection of fines on May 6, 2017), Article 148-2(2)3, and Article 44(1) of the Road Traffic Act (the point of drinking and the selection of fines on the grounds that a person commits an offense is a matter of fact, and Article 148-2(2)3, and Article 44(1) of the same Act (the point of driving drinking and the selection of fines on the grounds that a person is subject to the option of punishment);

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 for the Order of Provisional Payment [Consideration, such as the fact that the defendant is led to confession, the first offender, and the fact that the economic situation seems not good];