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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On September 13, 2013, at around 18:10 on September 13, 2013, the Defendant driven approximately 3 meters after driving a B emulter in front of the 101-dong B cargo vehicle located in the Yannam-ro, Gyeonggi-do under the influence of alcohol content of 0.124%.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to control drinking driving and report on the status of drinking drivers;
1. Article 148-2 (2) 2 and Article 44(1) and Article 2 subparag. 26 of the former Road Traffic Act (Amended by Act No. 11780, May 22, 2013) that applicable to the crime and the choice of punishment
1. The defendant's assertion under Articles 70 and 69 (2) of the Criminal Act and the judgment thereof are asserted that the case was driven under the influence of alcohol in the apartment parking lot, and this does not constitute a drunk under the Road Traffic Act. However, Article 2 subparagraph 26 of the former Road Traffic Act, which applies at the time of the defendant's driving under the influence of alcohol in this case, stated that "driving means using a vehicle or horse on the road in accordance with its original method of use, but the drinking under Article 148-2 of the same Act includes driving at a place other than the road." Thus, the above argument by the defendant