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(영문) 서울서부지방법원 2019.09.05 2019고단1848
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine of 1,50,000 won, and by imprisonment of 3 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. At around 06:20 on May 12, 2019, Defendant A driven a F Laren car in the state of alcohol alcohol concentration of about 0.098% from the vicinity of “D Child Care Center” located in Yongsan-gu Seoul Metropolitan Government to the front road of the same Gu to approximately 800 meters.

2. Defendant B, at the time and place specified in Paragraph 1, knew of the fact that the Defendant was trying to drive a motor vehicle under the influence of alcohol as above, the Defendant aided and aided and abetted the Defendant’s drinking operation by placing the key to the Flast passenger vehicle possessed by the Defendant to A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 148-2(2)3 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Defendant B: Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 32(1) of the Criminal Act

1. Defendant B who is mitigated: Articles 32(2) and 55(1)3 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the suspension of execution: Article 62 (1) of the Criminal Act (Taking into account the fact that it reflects the fact and there is no record of punishment exceeding the fine);

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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