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(영문) 서울서부지방법원 2017.11.14 2017고정1408
도로교통법위반(음주운전)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2017, while under the influence of alcohol leveling 0.123% from the blood alcohol level around 10:36, the Defendant driven Bsch Rexton vehicle at a section of approximately 400 meters from the roads near the Incheon Mancheon Military Map to the roads front of the Incheon Mancheon Military Map, in which the Defendant driven Bsch Rexton vehicle at a section of about 400 meters from the roads near the Incheon Mancheon Military Map.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to a statement on the circumstances of the driver in charge, investigation report (report on the situation of the driver in charge), consent to and confirmation of blood collection, response to a request for appraisal, and written appraisal of alcohol during blood;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. In light of the fact that the fine amount of a summary order issued to the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is 0.1% or more but less than 0.2% of the blood, it is difficult to reduce the fine amount by more than the fine amount as stipulated in the summary order in light of the fact that the maximum statutory penalty for operating a vehicle while driving the vehicle with a blood alcohol concentration exceeding 0.1%.

The punishment shall be determined as per the order of the court.

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