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(영문) 서울중앙지방법원 2013.07.05 2013고단1461

도로교통법위반(음주운전)

Text

Defendants shall be punished by each fine of KRW 2,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. On November 27, 2012, at around 00:50 to 01:20, Defendant A, while under the influence of alcohol with a blood alcohol content of 0.088% on the roads near the 22-76 (Flurt Hotel, Yongsan-gu, Seoul, Yongsan-gu, Seoul, driving approximately 1 km on the roads near the Han-gu, Yongsan-gu, Seoul, and again, Defendant A, while under the influence of alcohol on the roads near the construction site, drive the said 1km car under the influence of alcohol, and driving approximately 1 km up to the 17th century, Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, while under the influence of alcohol on the roads near the construction site.

2. At around 01:10 on November 27, 2012, Defendant B driven a D-hurged car with approximately one meter while under the influence of alcohol concentration of 0.05% at the second line among the three-lanes of the roads adjacent to the Hau-dong, Yongsan-gu Seoul Metropolitan Government, the second line of the two-lanes of the roads located in Han-gu.

Summary of Evidence

1. Each legal statement of the Defendants (for the Defendant B, the date on which the fifth trial is made)

1. Application of Acts and subordinate statutes to each written report on running a driving;

1. Relevant Articles and 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of running a sound driving and the selection of a fine) for the Defendants in relation to criminal facts;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include that Defendant A did not write the blood alcohol content and used a driving distance, Defendant B had the record of criminal punishment for a drunk driving in 2003. However, there are other unfavorable circumstances, on the other hand, Defendants were committing the instant crime; Defendant A was a primary offender with no criminal record; Defendant A was the first offender with no criminal record; Defendant B was the blood alcohol content and the driving distance is lower; and Defendant B was the Defendant’s age, character and behavior, and environment, etc., and was subject to a fine as set forth in the order.