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(영문) 서울중앙지방법원 2018.10.04 2017고정3856
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 1, 2017, the Defendant driven a car with Ccuador in a section of about 150 meters from the Gangnam-gu Cheongroro to the same Gu B, while under the influence of alcohol level of 0.121% during blood transfusion at around 23:31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Statement of control, a statement of the situation of the driver in the main place, an investigation report (the situation report of the driver in the main place) [The above evidence reveals that the measurement against the defendant was conducted by means of repulmonary measurement by the police measuring instrument three minutes after the completion of the defendant's driving, and the police sufficiently confirm the defendant's blood color, words, and walking condition, etc. in order to accurately determine the driving of drinking during this process, and the defendant took measures to prevent excessive measurement due to remaining alcohol in the main course by making the defendant take water drafting on his/her water, so it should be deemed that the defendant's level of alcohol concentration in blood alcohol in his/her decision should be recognized as accurate and objectivity.]

Application of Statutes

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. 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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