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(영문) 서울중앙지방법원 2013.09.02 2013고정3361

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 22:50 on May 5, 2013, the Defendant was under the influence of alcohol of 0.184% of blood alcohol concentration, and the Defendant was driving a two-wheeled vehicle B at approximately KRW 100 meters of the Seoul Jongno-gu Unification-ro, Jongno-gu, Seoul at the front of the 45 Hyundai Fra, Jongno-gu, Jongno-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect;

1. The actual survey report and the occurrence of traffic accidents;

1. The application of Acts and subordinate statutes to each host driver report, a request for appraisal of blood alcohol concentration, and a request for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following circumstances: (a) the reason for sentencing of the defendant under Article 334(1) of the Criminal Procedure Act; (b) the blood alcohol concentration and the distance from drunk driving; (c) the process of detection; (d) the criminal punishment of the defendant (not having a criminal record of driving but having been sentenced to a fine four times due to the crime of injury, property damage, etc.); and (e) the defendant’s occupation and property