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(영문) 서울서부지방법원 2014.04.10 2014고단198
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 26, 2013, at around 00:31, the Defendant driven CK5 car under the influence of alcohol with approximately one kilometer from the roads near Changcheon Elementary School located in Seodaemun-gu Seoul, Seoul to the roads in front of 542-74, the same Gunhee-dong to the roads in front of 542-74, the Defendant driven CK5 car under the influence of alcohol content of 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal of blood alcohol concentration and the application of the Acts and subordinate statutes of response to requests for appraisal;

1. Relevant Articles of the Act and Article 148-2 (2) 1 of the Road Traffic Act concerning criminal facts and the indictment in which the applicable provisions of the Act are stated in Article 148-2 (2) 2 of the Road Traffic Act. However, as stated in criminal facts, since the blood alcohol concentration is 0.204% and at least 0.2%, the applicable provisions of the Act should be subparagraph 1 of the same paragraph. Since it is deemed that there is no concern that the defendant's exercise of his right to defense may not be disadvantaged substantially, the applicable provisions of the Act shall be

Article 44(1)

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

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

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