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(영문) 서울남부지방법원 2013.03.11 2013고정340

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 13, 2012, around 00:20 on December 13, 2012, the Defendant driven a Category B motor vehicle while under the influence of alcohol at approximately 200 meters from around 406 o trees and underground streets of the same 406 o trees in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry into the results of crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a report on detection of a drinking driver;

1. Application of statutes to a written consent to the collection of blood and an appraisal report on blood alcohol;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do148, Jan. 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.