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(영문) 서울서부지방법원 2017.10.17 2017고정1277
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 9, 2017, while the Defendant was under the influence of alcohol level of 0.104% during blood transfusion around 17:50, the Defendant driven a C-wing three truck at a section of about 6 km from the front of Dongjak-gu Seoul Metropolitan Government to the road of 166 km-ro, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers of the primary driver, reports on the circumstances of drivers of the primary driver, and investigation reports (applicable with the aforementioned marks);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)6 of the Criminal Act for the Reduction of Small Quantity (i.e., the defendant has no criminal record for the same kind of crime and has no criminal record except for those sentenced once to a fine in 2008 for a non-identical crime) of the Act on the Reduction of Quantity; (ii) there are circumstances under which a certain degree of consideration is given in the course of committing the crime that the defendant frightly driven after drinking alcohol and staying home at night and then late late after diving; and (iii) the alcohol concentration level in the blood is measured by 0.098% in the breath measurement);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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