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(영문) 서울중앙지방법원 2020.08.12 2020고단1834

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 19, 2012, the Defendant received a summary order of KRW 4,50,000 as a fine for a violation of the Road Traffic Act, etc. from the Sungwon District Court's Sungnam branch on September 19, 201, and on May 22, 2017, the Defendant received a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act.

Although the Defendant violated the regulations on the prohibition of drunk driving twice or more on March 14, 2020, on the roads where it is difficult to find out whether it is located in the Seoul Gangnam-gu Devise-dong under the influence of alcohol level of 0.102% at around 02:0,00, and from the roads where it is difficult to find out whether it is located in the Seoul Gangnam-gu Devise-dong, Gangnam-gu, Seoul, the Defendant driven a 8.7km km car from around the rest area of the Highway located in Seocho-gu to

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that there is no criminal record other than the drinking prior to the punishment stated in the criminal facts of the crime, and the defendant used his/her ordinary driving prior to the driving of a drunk. The defendant used his/her substitute driving prior to the driving of a drunk, but failed to use his/her substitute driving while drinking again, and got a drunk driving without any contingent driving. When the defendant selects imprisonment as a company member and declares his/her sentence, he/she is highly likely to resign from his/her office by the company company regulations, and the punishment is determined as per the disposition, taking into account the following: