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(영문) 서울중앙지방법원 2019.10.31 2019고단5140

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On March 18, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court.

On July 28, 2019, around 05:50 on July 28, 2019, the Defendant driven a Cniba car with a distance of approximately 3.06 km from the road near Gangnam-gu, Seoul to the road in front of the same Gu B, while under the influence of alcohol concentration of about 0.141%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and the result of measurement of drinking alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes;

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

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

1. The punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the pleadings of this case, including the fact that there are no criminal records except the blood alcohol concentration, driving distance, and the criminal records in the judgment of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant has divided wrong facts.