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(영문) 서울남부지방법원 2013.03.21 2013고정594
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol on December 6, 2012, around 08:33, the blood alcohol concentration of the Defendant was 0.135%, the Defendant driven approximately 20 meters from the street to the street of Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-dong 3, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul at approximately 20 meters from the street to the upper street of 11.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The circumstantial report of a drinking driver, investigative report, report on the detection of a drinking driver, and circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to outputs notified of the results of drinking driving control;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1548, Apr

1. Articles 70 and 69 (2) of the Criminal Act to attract 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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