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(영문) 대구지방법원 2012.11.07 2012고정1600
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 3, 2012, at around 20:45, the Defendant driven a Maz car at approximately 1km section C in front of the Green Manion Road located in the Daegu Dong-dong, Daegu-gu, under the state of 0.116% alcohol concentration in blood alcohol content.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement by the prosecution concerning D;

1. Reporting on detection of a driver of a violation of the Road Traffic Act;

1. The circumstantial report of an employee;

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes to each investigation report (requesting submission of data related to vicarious driving, such as the photograph of the case, map of the relevant site, search and investigation, whether a person drives a motor vehicle or not, driving distance, etc.);

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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