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서울중앙지방법원 2013.07.26 2013고정3112

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 27, 2013, at around 12:18, the Defendant driven B Obba while under the influence of alcohol content of about 0.219% at a five-meter radius from the front of the Gambadong of Yeongdeungpo-gu Seoul to the front of the Gambadong of Gwanak-gu, Seoul to approximately 1564-20.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the circumstantial statement report of a host driver;

1. Application of the Act and subordinate statutes described in the Investigation Report (general) - Application of the Corruption Code;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr.

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

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