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(영문) 의정부지방법원 고양지원 2021.03.31 2020고정876
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine for negligence in KRW 7,000,000 (locks only).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On July 9, 2020, the Defendant driven a DK5 car under the influence of alcohol with approximately 0.085% alcohol level in the front of a restaurant located in the Seo-gu, Seo-gu, Busan Metropolitan City from July 23:20, 2020 to Goyang-si B building C, Goyang-si, Goyang-si, one of the restaurants located in the Seo-gu, Seo-gu, Busan Metropolitan City.

2. On July 10, 2020, the Defendant, while driving under the influence of alcohol as above, driven the said vehicle while under the influence of alcohol at around 00:45 on July 10, 2020, around 00:0:45, while driving the said vehicle under the influence of alcohol at a level of approximately 0.078% of alcohol level in the front of the “B building C” on July 10, 202.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) more than twice.

Summary of Evidence

1. Defendant's legal statement and notification of the results of regulating driving of drinking, and inquiry into the results of regulating driving of drinking;

1. Statement report on the situation of the driver at each week, investigation report on each such driver, and report on the situation of the driver at each week; and

1. Investigation reports (the results of appraisal of alcohol concentration in the blood transfusion) and application of Acts and subordinate statutes to report internal death, respectively;

1. Article 148-2(3)2 of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020; hereinafter the same) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jul. 9, 2020); Articles 148-2(1) and 44(1) of the former Road Traffic Act concerning criminal facts; the choice of fines

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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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