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(영문) 서울동부지방법원 2020.05.26 2020고정293

도로교통법위반(음주운전)

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 14, 2006, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on December 14, 2006.

around 21:50 on December 8, 2019, the Defendant driven a motor bicycle under the influence of alcohol with approximately 0.04% of alcohol level 0.04% in the section of about 300 meters from the road near C History in Songpa-gu Seoul to the front road in Songpa-gu Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines (including the fact that the blood alcohol concentration is not high, the distance from the operation of the ozone is not long, and the occurrence of specific risk of accident due to the drinking driving does not exist, etc.);

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;