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(영문) 서울북부지방법원 2016.04.20 2016고정203
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 January 29, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for property damage in Seoul Northern District Court and the judgment became final and conclusive on February 6, 2016.

On October 29, 2015, at around 00:05, the Defendant driven a B 124ckib while under the influence of alcohol leveling 0.133% in a section of approximately 200 meters at a distance of 200 meters from the water-driven road near the water-driven market in Gangnam-gu Seoul Metropolitan Government to the road front of the same Dowing-ro 282.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. As to the investigation report (as to the application of the above dmark formula):

1. Application of Acts and subordinate statutes to reports on the occurrence of a traffic accident, a survey report on actual condition, a record of drinking testing, a report on the detection of a driver at home, and a report on the circumstances of a driver

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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