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(영문) 서울남부지방법원 2018.06.15 2018고정339
도로교통법위반(음주운전)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person driving a C. P. P. car.

On October 30, 2017, the Defendant driven the said car at a section of about 5 km from the road on which the alcohol concentration is 0.138% in the blood around 21:16, the Defendant was under the influence of alcohol at around 0.138% in Geumcheon-gu Seoul Metropolitan City, Geumcheon-gu to the 295 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on internal investigation (the details of receipt of the report and black images);

1. Inquiries about the results of crackdown on drinking driving;

1. A report on the detection of a primary driver;

1. Application of the provisions of Acts and subordinate statutes governing the statement of the circumstances of drivers of drinking alcohol and the record of drinking alcohol measurement;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is 0.138% higher than the blood alcohol concentration at the time of the instant case.

The defendant's failure to conduct a normal driving and caused a contact accident, and the driving of drinking was confirmed, and the responsibility for the crime is not easy, and there is a high possibility of criticism.

In full view of the aforementioned circumstances and the legal penalty under the Road Traffic Act for those whose blood alcohol content is not less than 0.1% but less than 0.2% at the time of driving alcohol, the circumstances appealed after being sentenced to the first instance judgment due to the crime of drinking after the instant case, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, such as circumstances after the instant crime, the Defendant’s age, sexual behavior, environment, etc., shall be determined as per Disposition.

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