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(영문) 서울남부지방법원 2013.06.28 2013고정1725

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 13, 2013, at around 00:57, the Defendant driven a vehicle B i30km owned by the Defendant from the Gampon-gun of Gyeonggi-gu to the Gampon-dong 4 of Yeongdeungpo-gu Seoul Metropolitan Government to the area adjacent to the Gampungnam-gun of 274.125% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

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;

2. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the accused is the primary offender, the fact that the accused is repented and reflects the wrong fact, the fact that North Korean defectors are trying to settle in our society, and other consideration such as family relationship, etc. of the accused).

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

4. Article 334 (1) of the Criminal Procedure Act.