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(영문) 서울북부지방법원 2013.04.09 2013고정545

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall drive an automobile under the influence of alcohol.

Nevertheless, at around 15:38 on December 20, 2012, the Defendant, while under the influence of alcohol of 0.294%, operated the B Poter truck owned by himself at a distance of about 1km from the beginning of the Seocho-gu Seoul Special Metropolitan City, Nowon-gu to the front of the apartment of the Korea Army Academy at Army, Seoul Special Metropolitan City, Nowon-gu, 742.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (whether the Radmark formula is applied);

1. The circumstantial report on the driver, the circumstantial statement of the driver, and the report on detection of the driver;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

1. Articles 70 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;