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(영문) 서울동부지방법원 2015.12.10 2015고단2962
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 17, 2015, the Defendant was under the influence of alcohol of 0.186% of blood alcohol concentration around 04:00, the Defendant operated the electric vehicle owned by himself at approximately 300 meters in front of the second parking lot in the 932 de market, as the Seoul Songpa-gu Franchi, from 932 The Agricultural Cooperative Co., Ltd. and the auction site in the 2nd parking lot in Songpa-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a fine by taking into account the circumstances, such as the fact that the defendant, who was sentenced to a fine due to the violation of the Road Traffic Act, has three times the history of being sentenced to a fine, and the blood alcohol concentration of this case is very high, but the defendant is led to confession and reflect, the defendant does not have any previous conviction exceeding a fine, and the contents of the previous criminal conviction

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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