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(영문) 창원지방법원 통영지원 2016.09.26 2016고정358
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 20, 2015, the Defendant was driving a vehicle by driving in the way of turning the Defendant’s BA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. At around 00:50 on the same day as the preceding paragraph, the Defendant publicly insultingd the victim by openly insulting the victim, on the ground that there are four general persons, such as driver E (V), etc., on the ground that the victim’s age D 45 of the police box affiliated with the police box of Gosungsung Police Station, dispatched after receiving a report on driving alcohol as mentioned in the preceding paragraph, demands voluntary accompanying of the Defendant to measure drinking alcohol, on the ground that the victim’s age D 45 is at the same time as that of the preceding paragraph, and on the same day, four general persons, such as driver E (V. 44), etc., of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and written complaint;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant laws and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), Article 311 of the Criminal Act, and the choice of fines, respectively, concerning facts constituting an offense;

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

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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