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(영문) 서울북부지방법원 2021.03.25 2020고단3209

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On July 5, 2020, the Defendant was under the influence of alcohol level of 0.224% during blood transfusion around 23:16 on July 5, 2020, and the Defendant driven a C low-priced car at approximately 900 meters near the Dobong-gu Seoul Metropolitan Government apartment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, report on the circumstances of the driver in charge of making a statement, report on the detection of the driver in charge of driving and report on the results of drinking and internal investigation (the application of the above d

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, as well as the selective punishment;

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. The main sentencing factor is taking into account the following factors: (a) the Defendant has no previous conviction for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant appears to be a driver of drinking while moving on a parking place; (c) the alcohol level during blood transfusion at the time of driving of the instant case; and (d) the driving distance at the time of driving of the instant case; and (e) the fact that he has been married to 20 young people; and (c) the Defendant’s age and character, motive, means and consequence of the instant crime; and (d) the sentence is determined as per the disposition, taking into account