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(영문) 서울중앙지방법원 2017.08.18 2017고단3921
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 12, 2017, around 05:55, the Defendant driven a E-friendly vehicle under the influence of alcohol with approximately 150 meters alcohol concentration 0.161% at a section of approximately 150 meters, as Seoul, from the vicinity of the Saridong Bankruptcy (Seoul) of Gangnam-gu to the front road of the 173 lower-class voltages, as the bankruptcy of Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of control, statement of the situation of the driver in charge of driving, investigation report (report of the situation of the driver in charge of driving), and notification of the results of regulating drinking;

1. Application of Acts and subordinate statutes to photographs measuring drinking;

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

1. Selection of a selective fine for punishment (the defendant shall be punished by a fine, in consideration of the fact that the defendant has been punished for driving alcohol again even though he/she had the past history of punishment for driving alcohol, and that the amount of alcohol concentration among bloods is considerably high at the time of detection, the defendant's criminal facts are recognized, the defendant reflects all criminal facts, the distance of driving by driving alcohol is relatively short, the previous fine has no particular criminal record except for those subject to punishment once by the previous fine, and the circumstances where he/she has made efforts to avoid driving alcohol in his/her own name by using proxy after normal drinking, etc. after drinking alcohol, etc.

1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

1. On July 8, 2010, the Defendant was sentenced to suspension of indictment for a violation of road traffic laws at the Seoul Central District Public Prosecutor's Office, and on July 19, 2013, the Defendant received a summary order of KRW 1.5 million as a crime of violating road traffic laws at the Seoul Central District Public Prosecutor's Office.

around 05:55 on May 12, 2017, the Defendant is under the influence of alcohol with approximately 150 meters alcohol concentration from around 05:0 to around 173 Haak-gu Seoul, Gangnam-gu, Seoul, as the Seoul bankruptcy, to the front road of 173Haak-gu.

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