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(영문) 서울북부지방법원 2015.01.27 2014고정2950
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 02:05 on September 14, 2014, the Defendant was under the influence of alcohol content of 0.145% by blood, and the Defendant driven BSM 525 meters at the section of approximately 5-6km from the road in front of the Changdong Station of Dobong-gu Seoul, Seoul to the Hancheon-ro 949 on the road.

2. In order to capture the risk of criminal punishment as seen above, the Defendant: around September 16, 2014, at the Defendant’s residence located in Seongbuk-gu Seoul Metropolitan Government, the Defendant called “D's food operation” and read “D's food operation is punished; D's vehicle operation is likely to be driven; D's vehicle operation is considered to be driven; D's vehicle is considered to be driven; and the Defendant had D make a false statement; around September 14:05 on September 16, 2014, after attending the Seoul Gangnam Northern Police Station and undergoing an investigation at the office of guard traffic and traffic investigation team, the Defendant instigated E to escape from the offender by making a statement that he/she had driven his/her vehicle at the time of the instant case.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Inquiries about the results of crackdown on drinking driving;

1. The circumstantial report of an employee;

1. Investigation report (official application of the Ba mark);

1. Application of Acts and subordinate statutes to suspect field photographs at the time of detection;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 151 (1) and 31 (1) of the Criminal Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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