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(영문) 서울남부지방법원 2019.10.02 2019고정1145

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2019, the Defendant was under the influence of alcohol 0.183% on blood alcohol level around 05:20 on August 6, 2019, and was driving DP car from approximately 30km to the front road of Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the state of driving under driving under the influence of alcohol and the control of drinking driving;

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. It is recognized that the grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are recognized to be erroneous and against the Defendant, and that it is the first offense and the economic situation is not good. However, considering the fact that the blood alcohol concentration at the time of the Defendant’s crime is very high to 0.183% and the driving distance is high to 30km, the driving distance is high to 30km, and the statutory penalty (the blood alcohol concentration is between 0.08% and 0.2%, between 1 year and 2 years, or between 5 million won and 10 million won, or between 5 million won and 2 years, or less, or the legislative intent of the amended new law raised by statutory penalty, it is difficult to reduce the fine for the summary order.