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(영문) 서울서부지방법원 2019.02.21 2019고단54

도로교통법위반(음주운전)

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[criminal power] On June 1, 2017, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license) in the support of the Daejeon District Court on 1, 2017, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on 24 October 2016.

【Criminal Facts】

On October 29, 2018, the Defendant was under the influence of alcohol of 0.070% with blood alcohol concentration of 0.070% on the roads in Mapo-gu Seoul, Seoul to the roads in front of Mapo-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (in depth while committing the crime of this case, there are no criminal records except the criminal records indicated in the judgment, and other circumstances, such as the defendant's occupation, the motive and background leading to the crime of this case, and the blood alcohol density level);

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;