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(영문) 수원지방법원 성남지원 2017.11.14 2017고단1424
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On November 17, 2010, Defendant A received a summary order of KRW 4 million from the Sungnam branch of the Suwon District Public Prosecutor's Office, which was sent by Defendant A, for the crime of violation of road traffic laws (driving of alcohol). On February 2, 2017, Defendant A driving a vehicle while under the influence of alcohol at around 07:121% of alcohol among blood transfusions, and was issued a summary order of KRW 4 million on May 8, 2017 at the Sungnam branch of the Suwon District Public Prosecutor's Office.

On February 2, 2017, the Defendant driven a D-burged vehicle under the influence of alcohol content concentration of 0.070% at a distance of about 2 km from approximately 402 meters to the front road of the same Gu at the Hanwon Police Station located in the other party of Sung-gu, Seongbuk-gu, Sungnam-si, Seoul at around 09:50.

2. As Defendant A’s friendship, the Defendant 2 aided and aided Defendant A’s driving of drinking alcohol by allowing Defendant A to drive a vehicle on the front seat without being aware of the date and time specified in paragraph (1) and at the place of the Defendant A’s friendship.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of the results of regulating drinking driving;

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

1. A report on investigation (the process of detection of a suspect);

1. Application of Acts and subordinate statutes to inquiries, such as criminal career data;

1. Article 148-2(1)1, and Article 44(1)2(2)3 and 44(1)2 of the Road Traffic Act (excluding punishment): Defendant B: Article 148-2(2)3 of the Road Traffic Act, Article 44(1) of the Criminal Act, Article 32(1) of the Criminal Act,

1. Defendant B who is legally mitigated: Article 32 (2) and Article 55 (1) 6 (Accessories) of the Criminal Act;

1. Defendant A to be mitigated in quantity: Considerations given that Articles 53 and 55(1)6 of the Criminal Act (i.e., the Defendant’s mistake reflects his/her own mistake, the Defendant’s blood alcohol concentration in his/her blood at the time of the instant case is relatively high, and there is no record of punishment exceeding a fine)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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