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(영문) 대전지방법원 서산지원 2018.06.27 2018고단395

도로교통법위반(음주운전)

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants are friendly relatives.

1. On November 15, 2007, Defendant A’s violation of the Road Traffic Act (drinking driving) was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of safe source method of water source, and on March 23, 2015, Defendant A received a summary order of KRW 350,000 from the source method of water source to the same crime and received a fine of KRW 3,50,000 as a penalty for drinking at least twice for the crime of drinking.

Nevertheless, at around 00:20 on February 15, 2018, the Defendant driven a G HG car in the direction of approximately 500 meters alcohol concentration from the 500-meter section to the “F” road located in the city located in the same city, from Jin-si (C Terminal), while under the influence of alcohol by 0.112%.

2. Defendant B’s violation of the Road Traffic Act (drinking driving) was divided into four kind of friendship, including A, and six bottles and beers, at the “D” drinking house located near Jin-si C Terminal on the same day as that described in paragraph 1, and the Defendant was transferred to a second place by using a passenger car listed in paragraph 1, which is owned by A.

The Defendant, at the same place as the statement in paragraph 1, was under the influence of alcohol content of A while under the influence of 0.112% during blood, was able to drive a HG car at the 0.12%, and the Defendant was able to facilitate the driving of A’s drinking by making it easier for A to drive her drinking while seated on the steering her to assist it.

Summary of Evidence

1. Defendants’ legal statement

1. A survey report on actual condition, report on the results of crackdown on drinking driving, report on the circumstances of the driver of the drinking driving, and register on the use of a drinking measuring instrument;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (componating a suspect A with a summary order

1. A person who is subject to the pertinent legal provisions and who is selected to impose a sentence on the crime: Article 148-2(1)1 and Article 44(1)2 of the Road Traffic Act (the choice of imprisonment): Defendant B: Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 32(1) of the Criminal Act (the choice of penalty)

1. Defendant B who is legally mitigated: Criminal Act.