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(영문) 대구지방법원 2013.05.16 2013고정231
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 도로교통법위반(음주운전) 피고인은 2012. 5. 10. 01:40경 혈중알콜농도 0.132%의 술에 취한 상태로, 대구 중구 동성로 소재 캘빈네거리에서 같은 구 교동 소재 쿨샷 앞 도로에 이르기까지 약 100m 구간에서 B 벤츠 승용차를 운전하였다.

2. On May 10, 2012, the Defendant damaged public documents: (a) around 03:00, the traffic survey team of the Daegu Jung-gu Police Station located in Jung-gu, Daegu-gu, where 1 was to drive alcohol as stated in the preceding paragraph; and (b) completed a drinking test; (c) after completing a drinking test, the police officer C of the above police box, prepared a drinking driver’s statement report; (d) in violation of the provision of the said report to sign the said report on several occasions; and (e) the Defendant, who was demanded by the said C to sign the said report on his own, damaged the documents used by public offices by inserting the said report on his own.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of each host driver;

1. The circumstantial statement of each host driver;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving sound, the choice of fines), Article 141 (1) of the Criminal Act (the point of damage to public documents and the choice of fines) in regard to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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