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(영문) 서울남부지방법원 2014.01.20 2014고정111
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 content of 0.101%, was driven by the Defendant from October 22, 2013 to 22:50 on the way from the day on which it is impossible to find out the Suyang-gu Mang-gu Mang-dong 105 to the day on which it is impossible to find out the Suyang-gu Mang-gu Mang-dong 22:50 on October 201, to 1059 on the street of Geumcheon-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of measurement of drinking alcohol;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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);

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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