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(영문) 서울서부지방법원 2018.02.21 2017고정1611
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 26, 2017, while under the influence of alcohol level of 0.201% among the blood transfusion around 00:42, the Defendant driven a C-A-D-car at the section from the entrance of Jung-gu Seoul Central District to Seosan-ro, Seodaemun-gu, Seoul to the front of 309-ro, Seodaemun-gu, Seoul.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

2. Articles 53 and 55(1)6 of the Criminal Act (Article 55(1)6 of the Act on Reduction of Small Quantity (Article 53 and Article 55(1)6) of the same Act (Article 55(1) of the same Act provides that in light of the relationship between the Defendant’s mistake and reflective fact-finding, the Defendant’s non-criminal record, the time when drinking was completed and the time when drinking was measured, there is a possibility that the Defendant’s blood concentration in the blood of the Defendant at the time when drinking was measured, and accordingly, it cannot be ruled out that the Defendant’s blood concentration in the blood of the Defendant at the time of driving

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

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

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