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(영문) 서울중앙지방법원 2019.10.25 2019고정2090

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 August 12, 2019, at around 01:16, the Defendant driven a DNA car at a section of approximately 500 meters at the Seocho-gu Seoul Metropolitan Government B apartment C-dong parking lot, while under the influence of alcohol of 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the CD reproduction and viewing;

1. The actual condition survey report, photographs of the vehicle involved in the accident, and estimates;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the circumstances of the accident and the application of the Badmark);

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant stated that, in the investigation process, the Defendant was driving a vehicle to drink alcohol and return to a taxi and re-parking the parked vehicle, on the ground that there is a high drinking level and high risk of the instant drinking water, and the circumstances leading to the occurrence of a heavy accident, and the circumstances leading to driving of the vehicle are not clear.

Although the nature of the crime is not good, the distance of the vehicle recognized by evidence has not yet been high, the defendant's first offender who has no criminal power prior to the instant case shall be considered favorably, and the defendant shall be punished like the order, taking into account the defendant's age, character, character, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of the instant case, such as the circumstances after the crime, etc.