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(영문) 서울북부지방법원 2013.03.25 2013고정549
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 December 15, 2012, around 00:27, the Defendant driven a B Oralb while under the influence of alcohol content of 0.254% from a Do near Gongneung-dong in Seoul Special Metropolitan City, Nowon-gu to a road near Gongneung-dong 739 Seoul National Science and Technology Complex to a private road in Seoul Special Metropolitan City, Nowon-gu 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (this shall not apply to cases where no criminal records exist and it shall be taken into account that a person drives otobane);

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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