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(영문) 서울북부지방법원 2019.01.17 2018고단4497

도로교통법위반(음주운전)

Text

The defendant shall be punished by a fine of three million won. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 14, 2018, at around 22:31, the Defendant driven an Egypt Cargo at a section of about 200 meters from C to the front road of the Seoul Northern-gu, Gangnam-gu, Seoul, for approximately 0.085% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving, the report on the situation of drinking driving, and the statement on the state of drinking drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order has reached a driving under the influence of alcohol again despite the fact that the Defendant had been punished twice due to drinking.

However, the defendant is to choose a fine in consideration of the fact that he/she drives a short section after having a proxy engineer drive the short section for mobility parking, and all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, etc., and the punishment shall be determined as ordered.