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(영문) 서울서부지방법원 2013.10.31 2013고단2348

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of KRW 800,000 for a violation of the Road Traffic Act at the 26th Military Court at the Army on July 10, 2007, and was sentenced to a fine of KRW 1.2 million for the same crime in the above court on August 19, 2009.

【Criminal Facts】

On August 24, 2013, at around 01:08, the Defendant was under the influence of alcohol with 0.202% of blood alcohol concentration, and the Defendant was driving a 5km B Radon car from the front of a restaurant in Gangnam-gu Seoul Metropolitan Government Do to the front of the road of Yongsan-gu 302 Korean Medical Association, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of the driver and a report on the status of the driver;

1. A report on investigation;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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