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(영문) 수원지방법원 2017.07.20 2017고정1418
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

The Defendant is a driver of a two-wheeled vehicle.

1. On February 26, 2017, the Defendant, who violated the Road Traffic Act (drinking driving) started from the mutual influenite convenience store located in the site located in the land located in the land located in Young-gu, Young-gu, Young-si, G (V) and driven the said wheeled Vehicle owned by C (V, 40 years old), a spouse, under the influence of alcohol of approximately 2.5 km up to the road located in the front of the road located in the location of the Mapo-gu, Magu, Mung-dong (hereinafter referred to as the “nick-dong”) at the same time.

2. Around February 26, 2017, the Defendant insultingd the victim openly by speaking at a large voice, “a fluore, dead, and discarded,” and “a fluor, dead,” to the Chief E ( South, 39 years old), a police box affiliated with the police box of the Seodaemun-gu Seoul Special Police Station D, which was waiting to measure the collection of blood in an emergency room where three security personnel of the emergency room of the Seoul Special Metropolitan City University University Hospital located in the Dong-gu, Seonam-gu, Sungnam-si, Seoul Special Metropolitan City and the nurses of the emergency room were working.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A witness's statement, a written statement, and a written complaint;

1. The circumstantial report on the driver of a vehicle driving, the notification of the results of crackdown on the driving of alcohol, the written consent to blood collection, each inquiry (driving license, tea, mandatory insurance), the written request for appraisal, the written request for appraisal, the appraisal of alcohol during blood, the report on the detection of the driver driving (the results of blood collection), and the investigation report (the statement of the person F);

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), Article 311 of the Criminal Act, and the selection of fines, respectively;

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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