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(영문) 서울중앙지방법원 2021.02.18 2020고단4089
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On March 9, 2020, after drinking alcohol together with work club B, C, etc., the Defendant: (a) lent the electric seat guard on the front of the E convenience store located in Seocho-gu Seoul Metropolitan Government, Seocho-gu around 23:58 on March 9, 2020; (b) the Defendant and C boarded on the front line of the front line, who driven by B, moved to the front line of the E convenience store via the front line of G located in the same Gu F, and (c) discovered the 112 patrol car and discarded the said electric seat; (d) the Defendant escaped, and (e) thereafter, the Defendant mick and driven the said electric seat from the front line of the convenience store to the front line of the former F from the front line of the convenience store.

The Defendant, as above, was aware that the Defendant carried alcohol and driven the knick on the knick, but only the Defendant driven the knick on the h and the knick to the police station belonging to the discharge station controlling the drinking and the knick on the knick.

A false statement is made and a drinking test is taken.

In the end, the defendant had a person who committed a crime subject to a fine or heavier punishment escape.

2. On March 9, 2020, the Defendant violated the Road Traffic Act (drinking) stated this part of the charge that “A prosecutor under the influence of alcohol above 0.080%” was under the influence of alcohol on or around March 23:58, 2020. However, as examined below, the Defendant’s application for changes in the indictment was permitted for a prosecutor’s bicycle riding (Article 156 subparag. 11 of the Road Traffic Act). A bicycle riding is not subject to aggravated punishment depending on blood alcohol concentration different from driving of a motor vehicle, etc. under Article 148-2(3) of the Road Traffic Act. The Defendant and his defense counsel also considered that a blood alcohol concentration is above 0.79% at the time of driving of the Defendant’s drinking to the extent that it does not interfere with the Defendant’s defense right. It is corrected ex officio.

As above, approximately 100 meters from the front of the E convenience store to the front of the same GuF road were driven by the kick kick.

(i) the evidence;

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