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(영문) 서울북부지방법원 2013.11.25 2013고정2578
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 6, 2007, the Defendant issued a summary order at the Seoul Northern District Court on March 6, 2007, to impose a fine of one million won as a crime of violation of the Road Traffic Act (driving) at the Seoul Northern District Court on March 6, 2007, and to operate a drunk under the influence of alcohol on June 11, 2009. The Defendant was issued a summary order to impose a fine of one million won as a crime of violation of the Road Traffic Act (driving) at the Seoul Northern District Court on June 25, 2009.

On September 15, 2013, the Defendant was under the influence of alcohol with 0.138% of blood alcohol concentration at around 21:39, the Defendant driven the above Oralb in the section of about 1 km from the Myeonpho-dong of Seoul Jung-gu to the road of about 330-81, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry inquiry, such as the defendant's legal statement and criminal history;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( Taking into account all the circumstances, such as the fact that the defendant has driven a clibane in depth and has driven a clibane);

1. Articles 70 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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