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(영문) 전주지방법원 2016.07.05 2016고정316
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 27, 2015, the Defendant stated in a written indictment at around 02:00 on December 27, 2015, “02:20 electors” is obvious that the Defendant is a clerical error and does not interfere with the Defendant’s exercise of his right to defense.

Since it appears, it is recognized as it is without changing the indictment.

While under the influence of alcohol level 0.181% in blood, he/she driven approximately 20 meters later from the front side of the restaurant in the Yansan-gu, Jeonju-si to the front side of the new wall market in the same Dong to the road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, the appearance, uniforms, language, attitudes of the driver under the influence of alcohol, report on whether the driver is under the influence of alcohol, and the ledger of use of the measuring instruments

1. Voluntary accompanying report;

1. A report on collection of blood for drinking;

1. Application of Acts and subordinate statutes to a request for appraisal, a request for blood appraisal, a response to a request for appraisal, and a report on detection of drivers;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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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