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(영문) 전주지방법원 2017.02.14 2016고정1016
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 5, 2016, the Defendant driven a BE-sports cargo vehicle from around 300 meters to around the roads of the same Eup/Myeon located in the ship located in Yandong-dong, 0.128% of alcohol while under the influence of alcohol in around 20:38.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person suspected of violating traffic laws on roads (driving a drinking), (the sequence 3 of evidence list);

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. A report on internal investigation (referring to the blood state of a suspected person and the result of requests for appraisal - 0.128);

1. Application of Acts and subordinate statutes to a report on detection of a primary driver;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1) 6);

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 concerning the order of provisional payment;

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