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(영문) 청주지방법원 충주지원 2017.09.27 2017고정237
도로교통법위반(음주운전)
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

The defendant is a person who drives a vehicle for passenger B i30.

On June 2, 2017, the Defendant driven the said vehicle at the section of approximately 500 meters from the front of a large terminal located in the Dansan-ri, Yansan-gun, the Mackan-gun, in the influence of alcohol level 0.142% of the blood alcohol level around 04:30, to the front road of Asia, 47 meters from the front of a large terminal located in the Hackan-gun, the Hackan-gun, the Macong-gun, the Mac

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and an investigation report;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes the instant crime, and the primary offender is favorable to the Defendant.

However, at the time of the instant case, the blood alcohol concentration of the Defendant was high, and in particular, in light of the fact that the Defendant driven a car in person who is requested by a police officer to take a drinking test, and received and stopped the materials of the warehouse, it is determined that there was a significant high risk of road traffic at the time of the instant case.

In full view of the above circumstances and all of the sentencing conditions in the record, the sentence shall be determined as ordered.

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