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(영문) 서울중앙지방법원 2019.03.20 2019고정537
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 20:20 on October 22, 2018, the Defendant driven a DNA motorcycle with a blood alcohol content of about 0.155% from the section of approximately 1 km from the front of the “C” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul to the front of the Gu Pungnam-gu, Seoul.

2. No driver or pedestrian of a motor vehicle or horse other than a motor vehicle violating the Road Traffic Act (limited to emergency motor vehicles for two-wheeled motor vehicles) shall drive on or cross an expressway or motorway;

Nevertheless, the Defendant passed along the motorway, such as the date, time and place described in paragraph (1), as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Application of Acts and subordinate statutes of one copy to the current status of management of expressways of Seoul;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 6 of Article 154 of the Road Traffic Act, and Article 63 of the Road Traffic Act (the point of violation of prohibition of passage on motorways), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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