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(영문) 대전지방법원 천안지원 2019.02.14 2018고단2438
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 26, 2018, the Defendant was under the influence of alcohol on September 26, 2018, the Defendant driven the EM3 motor vehicle from the Cmate-ray in the east-gu, Dong-gu, Dong-gu, Chungcheongnam-gu to the front day of the D apartment road at approximately KRW 500 meters in the direction from the Cma-ray in the east-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, in a state of alcohol level of 0.21%.

2. On September 27, 2018, the Defendant was under the influence of alcohol at around 04:15 on September 27, 2018, the Defendant driven the said ESM3 car from the 1km section from the front side of the D apartment in the Dong-gu, Dong-gu, Chungcheongnam-gu to the G police box located in F in the Dong-gu, dong-gu, Seocheon-gu, Yan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The circumstantial statement of each host driver;

1. Application of Acts and subordinate statutes to notification of the results of drinking driving control;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of a drunk driving with a blood alcohol level of at least 0.2%), 148-2 (2) 3, and 44 (1) of the Road Traffic Act (the point of a drunk driving with a blood alcohol level of at least 0.05% and below 0.1%);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the sentencing of Article 334(1) of the Criminal Procedure Act, including blood alcohol concentration and fine once, the fact that there is no criminal record, family relationship, etc.;

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