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(영문) 서울중앙지방법원 2013.08.19 2013고정3357

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 3, 2013, at around 01:48, the Defendant driven approximately 10m passenger cars from around the Seocho-gu Seoul Seocho-gu distribution Dong to around 705-6 Jeju distribution Dong, while under the influence of blood alcohol concentration of 0.154% without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect;

1. Report on the results of the control of drinking driving, the report on the state of drinking driving, the details of control, the notification of the results of the control of drinking driving, and the investigation report (applicable with the lower mark formula);

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of a fine for negligence;

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 is based on the following circumstances: (a) the reason for sentencing under Article 334(1) of the Provisional Payment Order; (b) the background of the Defendant’s drunk driving; (c) blood alcohol concentration; and (d) the distance from the Defendant’s criminal punishment; (d) the Defendant’s occupation and property status; and (e) the Defendant’s age, character and conduct, and environment. It is so decided as per Disposition