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(영문) 서울북부지방법원 2021.02.04 2020고단3809

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 9, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months in Seoul Northern District Court due to a violation of road traffic law (drinking).

On August 24, 2020, around 22:20:20, the Defendant driven CSpo-type car with 3 meters alcohol while under the influence of alcohol level of 0.137% in blood on the front side of Seoul Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report, investigation report (report on the situation of the driver in charge), appraisal report, and previous record of judgment on the detection of the driver in charge of driving: An inquiry letter, such as criminal history, and a written inquiry and confirmation of the record of drinking alcohol; and

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. Although Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act provides for a high alcohol concentration among blood for sentencing, there are circumstances that may be considered in light of the circumstances leading to the crime, such as driving at a short distance of three meters from the time to move a parked vehicle for traffic of the vehicle.

It is not significant damage to large objects, and it was agreed with victims.

The defendant shall be punished as ordered by taking into account various factors of sentencing, such as the defendant's age, occupation, sex, and circumstances after the crime.