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(영문) 서울북부지방법원 2015.01.07 2014고정2705
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2014 Highly 2705] The Defendant, at the Seoul Eastdong Police Station on August 27, 2006, controlled the violation of the Road Traffic Act (driving) at the Seoul Eastdong Police Station, and operated BK3 motor vehicles in the section of approximately 1 kilometer from the front day of the cafeteria-dong, Seoul Northernbuk Police Station to the 74th day of the Nowon-gu, Seoul Northern Sea, on August 23, 2014, who violated the prohibition of drinking at least twice the prohibition of drinking. On September 19, 2014, the blood alcohol concentration of at least 0.05% (the blood alcohol concentration as a result of the alcohol measurement at around 22:23 on the day is 0.106%) while under the influence of alcohol at least 0.05% (the blood alcohol concentration is 0.106% in the blood alcohol concentration).

[2014 High Court Decision 2773] On August 23, 2014, the Defendant driven BK 3 automobiles while under the influence of alcohol from around 04:58 to around 1-83 (0.149%) in a section of approximately one kilometer, from around the river of the river in the vicinity of the river basin in Gangnam-gu Seoul, Seoul, to the water flow route of about 1-83 (0.149%) in the field of alcohol concentration.

Summary of Evidence

[2014 High Court Decision 2705]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the circumstantial statement of a driver of the driving school, and report on the situation of the driving school of the driver of the driving school (2014 High Court Decision 2773);

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the circumstantial statement of a driver of the driving school, and report on the situation of his driving school (pre-trial record);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, preliminary records, confirmation of dispositions, and investigation reports;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines;

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

1. Articles 70 (1) 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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