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(영문) 서울동부지방법원 2018.09.11 2018고정795
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 17, 2018, at around 08:44, the Defendant driven a car in Category B while under the influence of alcohol of about 0.104% in the 2km section from a road on which it is impossible to know that it is located in the Jyangdong in Gwangjin-gu Seoul Special Metropolitan City to the 415th road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Whether to output the measurement of drinking alcohol, and the application of Acts and subordinate statutes of the investigation report (the above dmark);

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which is the maximum statutory penalty under Article 148-2(2)2 of the Road Traffic Act, is the cause of a fine of three million won, and even considering the Defendant’s blood alcohol concentration, drinking driving distance, etc., the amount of fine prescribed in the summary order does not seem to be excessive in light of the sentencing conditions indicated in the instant trial, such as the Defendant’s blood alcohol concentration, drinking driving distance, etc.

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