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(영문) 광주지방법원순천지원 2020.10.15 2019고단3244
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A on July 9, 2012, the Gwangju District Court issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act.

1. On November 27, 2019, at around 03:09, Defendant A driven a Flus vehicle under the influence of alcohol level of about 400 meters from the Do in front of the D cafeteria located in the Net City City C to the Ma-si in the direction of about 400 meters, namely, blood alcohol level of about 0.091%.

2. On November 27, 2019, at around 03:09, Defendant B driven a motor vehicle under the influence of alcohol of approximately 400 meters from the Do in front of the D cafeteria located in the Ma-si, Net-si, to the road in front of the E in the Ma-si, Ma-si, at approximately 00 meters, with a blood alcohol concentration of about 0.091%. The Defendant did not refrain from driving under the influence of alcohol, despite being aware that A was trying to drive under the influence of alcohol as above, but did not stop it, and he was accompanied by the head of the operation of the said motor vehicle.

As a result, the Defendant aided and aided A's drinking driving act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Previous conviction in judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment of a suspect A drinking prior to his/her drinking and a copy of a summary order), and application of Acts and subordinate statutes of one summary order;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 148-2(1) and 44(1) of the Road Traffic Act, the selection of fines, and the selection of fines;

B. Defendant B: Articles 148-2(1) and 44(1) of the Road Traffic Act, Article 32(1) of the Criminal Act, the selection of fines

1. Defendant B: Articles 32 (2) and 55 (1) 6 of the Criminal Act;

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a vehicle under the influence of Defendant A under the influence of alcohol level of 0.091%.

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