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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Criminal facts
On March 24, 2013, the Defendant was a person working on a computer progs in Yan-si, and was traveling on a business trip around 05:00 on March 24, 2013, the Defendant was able to take a mixed meals and walked on a way at a restaurant near the government station located in the Dong-dong of the Government-si, with the victim D (n, 22 years of age) who was working therefor, and suggested the victim to drink the same alcohol as the victim, from March 24, 2013 to March 06:50, 2013, the Defendant was able to drink 2 soldiers in the liquor called "E" with the victim's house located in Yangju-si, and was able to take the victim's house at Yangju-si, and was able to take the victim's seat at the F.A., one of its own possession.
1. Around 06:50 on March 24, 2013, the Defendant: (a) had a victim of the “H pharmacy” located in G, which was boarding the said car on the road; (b) had the victim talked with the victim at around 07:08 on March 24, 2013; and (c) had the victim talked with the victim to talk with the victim when he/she was asked to talk with the victim at the request of the victim at around 07:08 on March 24, 2013; and (d) had the victim talked with his/her intention to have a sexual intercourse with the victim, he/she could not get off the said car for about 5.2 km from the said vehicle at around 07:15 on March 24, 2013.
Accordingly, the defendant detained the victim.
2. Around 06:50 on March 24, 2013, the Defendant driven the said car under the influence of alcohol content of 0.058% from the Do preceding the “H pharmacy” located in G at the time of the Government-si on March 24, 2013 to the road near I of the Government-si around 07:15 on March 24, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on detection of a host driver;
1. Application of statutes on field photographs;
1. Relevant provisions of the Criminal Act, Article 276 (1) of the Criminal Act that applies to the crime, the choice of punishment, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);
1. The punishment under the former part of Article 37 and Article 38(1)2 and Article 50 of the Criminal Act, which increases concurrent crimes, shall be added.