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(영문) 서울중앙지방법원 2014.04.30 2014고정173
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The Defendant was under the influence of alcohol level 0.164%, and around December 5, 2013, at around 17:42, the Defendant driven a Cmotor bicycle with an engine displacement of about 300 cc from the front day of the collection of Auda in Seocho-gu Seoul, Seocho-gu to the front day of the neighboring mine building.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving under drinking, reports on the results of crackdown on driving under drinking, reports on the state of drinking drivers, and reports on the state of standing and making statements, and electronic documents;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [this case has no record of being punished for the same crime to the defendant, and this case is a vehicle driving a motor bicycle of about 300 cc engine displacement with approximately 500 cc engine displacement and there is a little consideration in comparison with the seriousness of the case driving a motor vehicle (Article 2 subparag. 18 of the Road Traffic Act). Other factors such as the defendant's age, character, conduct, occupation and environment, motive and circumstance leading to the instant crime, method and consequence of the instant crime, circumstances before and after the instant crime, and all other circumstances shown in the records and arguments of this case are taken into consideration]

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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