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(영문) 서울남부지방법원 2015.12.10 2015고단4517
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On September 22 and 55, 2015, the Defendant: (a) driven a B B B saf while under the influence of alcohol leveling 0.226% from a section of approximately 500 meters from the roads of the 206-ro, Gangseo-gu, Seoul, the Gangseo-gu, to the river of the Gangseo-gu, Gangseo-gu, Seoul, to the river of the Gangseo-gu, the river of which is located in the 206-ro, Gangseo-gu.

2. When the Defendant, at the time and place specified in paragraph (1) of the same Article, controlled the Defendant’s drinking driving from a slope D belonging to the Seoul Gangseo Police Station C, the Defendant committed assault against the Defendant by 2 to 3 times, on the following grounds: (a) the Defendant’s alcohol driver’s statement and a written confirmation of drinking control.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation ( considered as a primary offender);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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