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(영문) 서울남부지방법원 2013.04.18 2013고정1087
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On February 27, 2013, at around 03:38, the Defendant driven B-car under the influence of alcohol of about 0.139% of alcohol concentration at a section of approximately 43 km from the Jung-gu, Incheon Metropolitan City to the 33.5km (Seoul Myeon) of the New Airport Highway of Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes to inquire about the results of drinking driving control;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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