logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.11.27 2013고단2078
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 23, 2013, at around 20:40, the Defendant was driving a C Poter vehicle owned by the Company B while under the influence of alcohol 0.172% of the blood alcohol concentration at around 478, the Defendant was under the influence of alcohol at a distance of about 1km up to the old 478, Jyang-gu, Jin-si, Jin-si, Namyang-si.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver, the written appraisal of blood alcohol (Evidence No. 23 pages) and the report on detection of a drinking driver;

1. Article 148-2 (2) 2 of the Road Traffic Act provides that "Article 148-2 (1) 1 of the Road Traffic Act" shall apply to applicable provisions of the relevant law to criminal facts and the selection of punishment, but in light of the contents of the facts charged, it appears to be "Article 148-2 (2) 2 of the Road Traffic Act" and it is deemed that the defendant's exercise of his/her right to defense is not disadvantageous even if it does not go through the amendment of the indictment in light of statutory penalty, etc.

Article 44(1) and Selection 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;

arrow