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(영문) 춘천지방법원 강릉지원 2013.07.23 2013고정262
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 17, 2013, the Defendant was sentenced to imprisonment with prison labor for two years and six months for the crime of property damage in the Seocho District Court's territorial branch on January 17, 2013, and the said judgment became final and conclusive on June 19, 2013.

On September 24, 2012, the Defendant, at around 18:15, driven approximately one kilometer prior to the last point of convenience by starting from the vicinity of the oil station located in the coast at the time of Jeju, in the state of 0.202% of blood alcohol concentration in B (n, 46 years of age), and driving a vehicle of approximately one kilometer in the vicinity of the oil station located in the coast at the time of Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Consent and request for blood collection;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-dispositions and report on results of confirmation);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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