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(영문) 서울남부지방법원 2014.01.23 2013고정3790

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a rocketing driver of a passenger vehicle, was under the influence of alcohol of 0.113% in blood alcohol concentration, started from around 23:02 September 18, 2013 in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Forest Station, and driven the said vehicle at a 300-meter range from the 300-meter radius to the 777-meter road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is the first offender and is recognized as committing a crime and reflects on the crime);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;