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(영문) 서울서부지방법원 2017.01.06 2016고정1409
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 17, 2016, the Defendant was under the influence of alcohol with 0.062% from around 07:50 to around 08:20 of the same day, the Defendant driven Daba in the section of about 11 km from Seocheon-si B to the 3-lane north intersection of the Mapo-gu Sungsan Pung-si, Mapo-gu, Seoul, the Mababa in the direction of approximately 11km from around 07:50 to around 08:20 of the same day.

2. On June 17, 2016, around 08:25, the Defendant: (a) driven a three-lane road in Mapo-gu, Seongbuk-gu, Seongbuk-gu, Seoul Mapo-gu, the Seongbuk-gu, Seoul, for the sake of the crossing of the Seongbuk-gu, and (b) while driving a vehicle with the victim on the ground that the victim D was able to drive a vehicle by changing the vehicle in his front, the Defendant suffered injury, such as the victim’s face by drinking, when making the victim’s face several times, such as tearing the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of D's photographic Acts and subordinate statutes;

1. The provision of subparagraph 3 of Article 148-2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 257 (1) of the Criminal Act (the point of inflicting bodily injury) and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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