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(영문) 서울남부지방법원 2013.07.18 2013고정1937

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 23, 2013, around 203:35, the Defendant driven B Kaman car under the influence of alcohol from 690, Gangseo-gu, Seoul, Gangseo-gu to 140, the National Assembly of Yangcheon-gu, with approximately 3 km from around 690 to around 140, and with blood alcohol concentration 0.106% ( blood collection appraisal result).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking driving, the report on the circumstances of drinking drivers, and the inquiry into the results of the crackdown on drinking driving;

1. Written consent to the collection of blood, investigation report (the result of request for appraisal of blood alcohol concentration), and report on request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of suspect's explanatory notes);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the facts constituting a crime;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jun. 1, 201)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.