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(영문) 서울중앙지방법원 2020.06.05 2020고정868

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 29, 2019, at around 20:15, the Defendant driven an E Car from the third floor of the 3rd floor of the Mayang-gu Seoul Metropolitan City to the D Zone in the same Gu C, while under the influence of alcohol of 0.183% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on drunk driving;

1. Consent to blood collection, written confirmation, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to requests for appraisal, a written appraisal of blood alcohol, and a notification of the results of 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences: Fines of five million won to ten million won;

2. Determination of sentence: The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and result of the crime, circumstance after the crime, etc., shall be determined as the order, considering the fact that the driving distance of a fine of five million won is very short, that at the time is waiting for an acting driver, that there is no criminal history in Korea, that there is no criminal history in the sentence, the impact of the sentence on the status of the accused.