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(영문) 창원지방법원 마산지원 2018.02.28 2018고단95
도로교통법위반(음주운전)
Text

Defendant

A A shall be punished by a fine of 2 million won, and by a fine of 1.5 million won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person driving a car at Dbents.

On December 7, 2017, the Defendant, while under the influence of alcohol content 0.131% during blood transfusion around 00:20 on December 7, 2017, operated approximately 10 meters repeatedly in the parking section of Changwon-si, Changwon-si, 1, 37-26 Marine Home Stick-gu, Eup, 10 times in the parking section of Changwon-si, 37-26 Marine Home Stick-gu.

2. Defendant B is a person who is a proxy driver and drives a passenger car owned by Defendant A as an agent.

In the same day and time as Defendant A’s criminal facts, the Defendant had a duty to manage the said vehicle so that he/she could not drive the vehicle normally if he/she knew that he/she was unable to drive the vehicle normally by drinking alcohol and requesting a substitute driver.

Nevertheless, on the ground of confirming the operation of the foregoing vehicle by the National Assembly member, “I will know if you drive the vehicle,” and “I will see one another later.”

“, not,” but I am special, I am special

Defendant A’s consent to drive under the influence of alcohol level 0.131% during blood, with the speech and behavior that he/she ought to take, and Defendant A’s consent to drive under the influence of alcohol level 0.131%, made it easy to commit the crime of drinking by repeatedly driving approximately 1m in the middle line of the 37-6 Seapudio in the Changwon-si, the members of Changwon-si, the Changwon-si, Seoul Special Metropolitan City, by allowing Defendant A to drive under the influence of alcohol level.

Summary of Evidence

1. Defendants’ respective legal statements

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

1. Article 148-2(2)2 and Article 44(1)2 of the Road Traffic Act - Defendant A: Articles 148-2(2)2 and 44(2)2 and 44(1)2 of the Road Traffic Act; Article 148-2(2)2 and 44(1) of the Road Traffic Act; Article 32(1) of the Criminal Act - Selection of fines;

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

1. Reduction of the amount (Defendant A) under Articles 53 and 55 (1) 6 (Confession and reflect) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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