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(영문) 대구지방법원 영덕지원 2014.11.21 2014고정85
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 11, 2014, the Defendant, at around 22:46, driven a car at approximately 500 meters away from the road in front of the same Eup/Myeon, under the influence of alcohol with 0.177% of blood alcohol level. At around 22:46, the Defendant was able to drive the car at a level of about 50 meters in front of the road in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Inquiries about the results of crackdown on drinking driving, application of Acts and subordinate statutes to the report on detection of drinking drivers, and the report on circumstantial statements of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (Article 55(1)6 of the same Act (Article 53 and Article 55(1) of the same Act shall be taken into consideration: although the weight of blood alcohol is high, the defendant has no record of any same kind of crime; the defendant, who is a physically disabled person, has a fluence on getting play related to disability from his/her will; and the crime of late fluence is divided and reflected);

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

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

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