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(영문) 부산지방법원 2016.06.15 2016고정1366
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On January 23, 2016, the Defendant was driving a C cab in a manner of repeating the c cab while under the influence of alcohol content of about 0.272% in a section of about 10 meters in front of the building located in the Busan-gu Busan-gu B, Busan-gu, Busan-do, by repeating c cab while under the influence of alcohol content of about 10 meters.

2. The Defendant committed assault against the victim on the ground that the Defendant was unable to deduct the Defendant’s taxi due to the foregoing date, time, place, and the victim D (25 years old) due to the vehicle, and on the ground that the Defendant was unable to cut the Defendant’s taxi, by taking the victim’s face into account on the hand with the victim’s seat attached.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigation report (on-site verification and CCTV extraction);

1. Application of Acts and subordinate statutes to a report on the situation of driving at home and a report on detection of a driver at home;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 260 (1) of the Criminal Act (the point of assault) and the selection of fines for the crime;

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

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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