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(영문) 수원지방법원 2019.05.17 2018고정1475
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at around 23:50 on June 15, 2018, deemed that even if he was under the influence of alcohol with a blood alcohol content of at least 0.05% and below 0.1% on less than 0.1%, the Defendant did not incur any substantial disadvantage to the Defendant’s exercise of the Defendant’s right of defense. Thus, the Defendant’s driving time ex officio corrected the blood alcohol content from “ around 23:50 on June 15, 2018” to “within 0.05%” to “within 0.125%” to “within 0.05% and below 0.1%.”

From the B parking lot to the front road of the D High School in the same city C, the E BB motor vehicle was driven from approximately 500 meters.

Summary of Evidence

1. Statements of witnesses F and G in the second protocol of the trial;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to each of the investigation reports, notification on the results of the control of drinking driving, requests for appraisal, and application of the Acts and subordinate statutes to the blood alcohol appraisal reports;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the choice of fines;

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 (Article 334(1) of the Criminal Procedure Act provides that the defendant shall be fully recognized that the defendant driven his automobile while under the influence of alcohol with at least 0.05% of alcohol content and below 0.1% of alcohol content, and that the defendant has driven his automobile with the reason for sentencing considering the following facts: (a) the defendant's average daily alcohol content is equal to at least 0.05% but less than 0.1% and less than 0.1%, and the defendant has no previous conviction in excess of the same kind and fine.

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