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(영문) 서울남부지방법원 2013.12.03 2013고정3524

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

At around 23:00 on November 1, 2013, the Defendant driven B car 2 under the influence of alcohol of about 1 km alcohol concentration of about 0.131% from the parking lot of Gangseo-gu Seoul Metropolitan City, Busan Metropolitan Hospital to the street of about 657-2 in the same Guero-dong 957-2.

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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the defendant is the first offender, the confession and reflects in depth of the crime, the fact that the defendant is currently under individual rehabilitation, and other factors such as the age, growth process, character and conduct, health conditions of the old parents and his wife, etc.);

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.