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(영문) 서울북부지방법원 2016.09.20 2016고정1069
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 30, 2016, around 01:45, the Defendant driven a car owned by B, which is under the influence of alcohol concentration of 0.225% in the 50m section from the road upstream in front of a drinking tree in Gangseo-gu Seoul, Gangnam-gu, Seoul, to the 01:45 day, and the month from the 50m section to the 01:45 day, while under the influence of alcohol concentration of 0.225% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Report on the situation of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the situation of the driver under driving under drinking, response to a request for appraisal, report on detection of the driver under driving under drinking, and calculation of alcohol concentration in the blood during the measurement of drinking after the lapse of time after driving under drinking;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (as regards the results of blood collection and consolation);

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

1. Articles 53 and 55 subparag. 6 of the Criminal Act for mitigation of amount (the attitude of the defendant to make a confession and reflect against himself/herself, the circumstances of this case, etc.);

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

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

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