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(영문) 서울중앙지방법원 2020.04.08 2020고정433
도로교통법위반(음주운전)
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 15, 2007, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court.

On December 10, 2019, at around 00:12, the Defendant driven a D's lived car from around 37 kilometers from the front day of Sinpo-si to the front day of Jongno-gu Seoul Metropolitan Government, while under the influence of alcohol by 0.095% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, photographic images of black stuffs, and photographs of vehicles;

1. Investigative Report (Application of the Tramark Official), Babbbox image CD1;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant, while having been punished for drunk driving, re-driving without being aware of the fact, and other circumstances such as blood alcohol concentration and driving distance, was determined by taking into account.

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