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(영문) 수원지방법원 안양지원 2018.07.19 2018고단226
도로교통법위반(음주운전)
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Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On November 29, 2017, Defendant A’s violation of the Road Traffic Act (drinking driving) driven a FK5 vehicle while under the influence of alcohol with approximately 0.05% alcohol concentration of at least 0.05% at the front of the former E-sports center around around 23:47 on the same day on the roads adjacent to the Kuyang-dong, Suyang-dong, Goyang-dong, Goyang-dong, Goyang-dong, Seoul, and around 23:47 on the same day.

2. On November 29, 2017, Defendant B, together with Defendant B, had franchising alcohol at the potatoum house located in Anyang-dong in Anyang-dong during the same day with Defendant B, and fK5 car driven by A around 23:40 on the same day and returned home.

A A, while driving the said K5 car in front of the E-sports in the Gu around the 23:47 day of the same day, conflict with the G rocketing car in front of the E-sports in the Gu.

At around 23:50 on the same day, the Defendant stated to the effect that “the Defendant driven a k5 vehicle,” a police officer belonging to the flying boat called upon receiving a report in front of the said E-sports, and responded to the police’s measurement of drinking at the site as he/she driven a vehicle.

As a result, the defendant knew that he committed a crime corresponding to a fine or heavier punishment A, he had the criminal escape.

Summary of Evidence

1. Defendants’ legal statement

1. A suspect examination protocol against Defendant A (including the part concerning the statement made by Defendant B)

1. Defendant B’s written statement

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendant A of the relevant criminal facts: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Defendant A of the choice of imprisonment: Article 151 (1) of the Criminal Act, and the choice of fines;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A who observe orders to observe protection and attend lectures: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The defendant A has a record of punishment for the same crime.

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