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(영문) 대구지방법원 서부지원 2018.07.12 2018고정209
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 17, 2018, the Defendant driven B K5 car under the influence of alcohol content of 0.104% in the blood while under the influence of alcohol for about 1km from the front side of a drinking tree in the long-term Dong, Seogu, Daegu-gu, Daegu-dong, to the middle distance of the used car in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of suspects in violation of traffic laws on roads;

1. Investigation report (request for appraisal and attachment of response thereto), notification of the results of crackdown on drinking driving (record 40 pages);

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes reporting the situation of driving under drinking;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 53 and 55 subparag. 6 of the Criminal Act for the Reduction of Quantities (Article 0.069% of the alcohol concentration among the bloods measured by the initial alcohol measuring device) (Article 53 and Article 55 subparag. 1 subparag. 6 of the Act on the Reduction of Quantities was 0.069%. Considering the difference in the punishment section as the blood collection result shows that the amount of alcohol concentration in the blood is measured by 0.104%, the Defendant has no record of being punished for driving alcohol, and the Defendant recognized and against his mistake, etc.)

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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