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(영문) 서울중앙지방법원 2013.10.14 2013고정4608
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 14, 2013, at around 00:55, the Defendant driven a passenger car B with approximately 1km section B at the road where 0.114% of blood alcohol concentration cannot be known, on the road in Gangnam-gu Seoul Metropolitan Government Cheonggu-dong, on which the Defendant was under the influence of alcohol at 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect;

1. Application of Acts and subordinate statutes to the Report on circumstantial statements of a drinking driver, the report on the situation of a drinking-driving, and the control of a drinking-driving;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the background of the Defendant’s drunk driving; (c) blood alcohol concentration and the distance of drunk driving; (d) the Defendant’s criminal punishment records (in a case where a person is sentenced to a fine on one occasion due to a

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