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(영문) 의정부지방법원 고양지원 2015.07.24 2015고정339
도로교통법위반(음주운전)
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

The defendant is a person who drives a rocketing car.

On April 25, 2014, around 08:02, the Defendant driven a section of about 1 km with blood alcohol concentration of 0.114% in front of the oil station located in Soyang-gu, Soyang-gu, Soyang-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A report on detection of a host driver;

1. Recording recording form and a report (two copies of recording);

1. Investigation reports (fields, suspect behavior, etc./breatheth before and after drinking, records after recording / 119 reporters);

1. The defendant asserts to the effect that the facts charged cannot be acknowledged since he/she did not know the reason that he/she started driving, and he/she was driving at the time of control, although he/she could not know the reason that he/she was driving at the time of control. However, in full view of the indirect facts acknowledged by the above evidence, since the fact of driving can be sufficiently recognized, the defendant's assertion cannot be accepted.) application of law

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

1. Taking into account the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the statutory penalty of this case, the Defendant’s drinking value, and the amount of fine sentenced in a similar case, and the fact that the Defendant has been punished by a fine for a different type of crime and the same type of crime, and other conditions of sentencing, including the Defendant’s age, character and conduct, family relation, criminal records, the circumstances of this case, and the following progress, shall

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