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(영문) 서울중앙지방법원 2017.01.18 2016고단8199

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

On July 20, 2016, around 02:55, the Defendant driven a rash car while under the influence of alcohol content of approximately 0.146% in a cryp car with approximately 300m alcohol content from the Geumdong, Gangnam-gu, Seoul to the front road of Samsung 151-7, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to output the result of drinking alcohol measurement and a report on detection of drivers;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act, the selection of fines (influences, the fact that a fine for drinking is not re-offending, even though a fine for driving is prior to a fine for drinking, the fact that the defendant's age, sex, environment, etc. is not re-offending, and other consideration);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;