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(영문) 서울북부지방법원 2018.04.09 2018고정411
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 28, 2017, at around 04:30, the Defendant driven BCA 100 Obaba while under the influence of alcohol leveling 0.165% in a section of approximately 4.5km from the road upstream of the river basin located in the river basin in Gangnam-gu Seoul Metropolitan Government, to the Dobong-ro 2 in front of the exit of Dobong-gu, Dobong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of a small amount (see, e.g., confession and reflect of the defendant, the fact that there is no record of the same crime, the circumstances of drinking, etc.);

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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