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(영문) 서울북부지방법원 2018.07.26 2018고단702

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 6, 2018, the Defendant was under the influence of alcohol concentration of 0.161% in blood around 00:01 on January 6, 2018, the Defendant driven a e-child car from approximately 1.5 meters in the section of approximately 1.5 meters from the station near the offline of the Seoul Nowon-gu, Seoul Metropolitan City, to the road in the same Gu C.

around 00:00 on January 6, 2018, the Defendant: (a) around 2018, the Defendant 1634 meted the victim’s chests twice on the street in Seoul Special Metropolitan City, Nowon-gu; (b) on the ground that the victim F. (31) was parked in this street, and the Defendant’s car was parked in this street.

As a result, the Defendant inflicted injury on the victim, such as “infection fluor, tension,” which requires approximately two weeks of treatment.

Summary of Evidence

"2018 Highest 702"

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Inquiries about the results of crackdown on drinking driving;

1. Faging CCTV images around the control site, "2018 Height 1634, 1634";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to the investigation report (to extract CCTV photographs);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 257 (1) of the Criminal Act (the point of inflicting bodily injury), the selection of fines concerning the crime;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the part concerning driving alcohol)

1. The Defendant alleged that he did not drink until he was parked in a singing room. The Defendant parked and drink drinking at “H”’s main shop while drinking, and did not drive drinking after drinking at H’s main shop. As such, the Defendant cannot be found to have committed a criminal offense (2018 high class 702 high class 702).

2. Determination is based on the evidence duly adopted and examined by the court.