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(영문) 서울중앙지방법원 2019.02.18 2018고정1907
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 9, 2018, the Defendant driven CMW car at a distance of about 10 meters from the front road of Seoul Jung-gu, Seoul, while under the influence of alcohol 0.139%, around 00:17.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. Written statements of D;

1. The circumstantial statement of the employee;

1. Papers of measurement records of drinking alcohol;

1. Control note;

1. A report on detection of a host driver;

1. The video images of traffic accident CD (the defendant alleged that the accident occurred while he did not have the intention to drive the vehicle at the time, and caused the accident of receiving the vehicle from the front, but according to the above evidence, the defendant is found to have immediately moved his vehicle to the front without delay after the collision. In light of the above, it is reasonable to view that the defendant left the vehicle with the intention to drive the vehicle, and therefore, the above argument cannot be accepted).

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of selective fine for punishment (in consideration of the fact that blood alcohol content is substantial and that the statutory minimum punishment has already been sentenced in the summary order, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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