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(영문) 수원지방법원 평택지원 2019.08.14 2018고정275
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 5, 2018, at least 20:50, the Defendant driven an E Caren vehicle in the state of being 0.05% or more of the blood alcohol concentration from the street in front to D in front of an insular C cafeteria (hereinafter referred to as the “Insular C cafeteria”).

Summary of Evidence

1. Defendant’s legal statement (as of the fifth trial date), the first prosecutor indicted the Defendant on “0.101% of blood alcohol concentration”, and the Defendant denied this, but the prosecutor changed the indictment to “not less than 0.05% of blood alcohol concentration” on July 10, 2019, and the Defendant led to confession of the changed charges on the fifth trial date.

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 148-2(2)3 of the relevant Act and Article 148-2(2)3 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) 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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