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(영문) 서울동부지방법원 2020.05.27 2020고단660

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 1, 2013, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for a crime of violation of the Road Traffic Act.

Criminal facts

On February 16, 2020, at around 02:37, the Defendant driven C Poter Ⅱ while under the influence of alcohol concentration of about 0.167% at the 10m section of the front road of Songpa-gu Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that a person commits a crime, the fact that the person commits a crime before and after the previous crime, commits a crime after a considerable period of time, and the motive and distance for driving a short distance for mobile parking);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;