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(영문) 춘천지방법원 속초지원 2013.07.03 2013고단53
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 4, 2013, at around 20:52, the Defendant driven a Fpoter truck in the state of alcohol alcohol concentration of approximately 0.074% from the front of the C Association located in Gangwon Yangyang-gun B to the front of the “Ewrop” in Gangwon-gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On February 4, 2013, at around 20:55, the Defendant, as indicated in the facts constituting a crime on the road prior to the “Emprink”, was able to drive a drunk, and was discovered to the victim H, a police officer belonging to the Seocho Police Station G District G District at the Seocho Police Station, and was requested to take a drinking test, and was able to do so, the Defendant saw the victim before the victim. Chewing son, a bitch son, a bitch bitch son. Mamar. Mamar.”

Accordingly, the defendant openly insultingd the victim.

2. The facts charged in this part of the judgment can be prosecuted only when the victim files a complaint pursuant to Article 312(1) of the Criminal Act. On June 10, 2013, the date of the indictment of this case, "the defendant submitted a written agreement to the effect that it is against the mistake of the victim," which is the date of the prosecution of this case, and it is reasonable to see that the victim has withdrawn the previous intention to punish the defendant. Accordingly, the facts charged in this part constitutes the case where the complaint can be prosecuted only upon the complaint, and thus, the prosecution of this part of the facts charged is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.

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