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(영문) 광주지방법원 2014.03.27 2014고정162
도로교통법위반(음주운전)
Text

Defendant shall be punished by fine 7,500,000.

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

Reasons

Punishment of the crime

[2014 high-level 162] The Defendant is a person who drives a franchise-free car.

On October 29, 2013, the Defendant driven the said car at the section of approximately 3 kilometers from the roads front of the mutual influence point in the northwest-gu, Seoan-gu, Seocheon-gu, Seocheon-gu to the roads front of the building site in the Namcheon-gu, Dongcheon-gu, Namcheon-gu, Samsungcheon-do, in a state of alcohol of 0.179% of the blood alcohol concentration at around 01:05.

[2014 high-level 212] The Defendant is a person who is engaged in driving a franchise-free car.

On December 9, 2013, the Defendant, while under the influence of alcohol of 0.157% of blood alcohol concentration at around 18:20 on December 9, 2013, driven a volume of approximately KRW 700 meters from the road front of the wind stream in Seo-gu, Seo-gu, Gwangju to the roads front of the community credit cooperatives located in Geumho-dong, Seo-gu, Gwangju.

Summary of Evidence

[2014 High Court Decision 162]

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the inspection results of the control of driving under the influence of alcohol;

1. Defendant's legal statement;

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

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the choice of a fine for the crime, and the choice of a fine, respectively;

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;

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