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(영문) 서울동부지방법원 2018.06.05 2018고정457

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 20, 2018, around 09:35, the Defendant driven B 110V motor bicycle under the influence of alcohol content of 0.113% at a distance of 300 meters from the 300-ro 64, Kucheon-ro, Gangdong-dong, Gangdong-gu, Seoul, for the same Gucheon-ro ro 68-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a paper output of respiratory results, and a report on detection of a main driver;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. In light of the fact that there is no record of criminal punishment against the defendant for reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the maximum of the statutory penalty under Article 148-2(2)2 of the Road Traffic Act is a fine of three million won, and the amount of fine under the summary order is not excessive even in light of the sentencing conditions indicated in the instant trial, such as the distance of drinking driving and the amount of alcohol concentration in blood.