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(영문) 서울중앙지방법원 2020.02.07 2020고단214
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2008, the Defendant was issued a fine of one million won at the Seoul Central District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 1, 2019, at around 23:10, the Defendant driven Bsch Rexroth car under the influence of alcohol content of about 0.139% from the street room in front of the mutual influorial house located in Gangnam-gu Seoul Metropolitan Government to approximately 200 meters from the road in Gangnam-gu, Seoul Metropolitan Government to the 741-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) although it is deemed that the Defendant has repeated his/her drunk driving; (b) even though it is deemed that the drinking alcohol level was high, the previous drinking alcohol level did not lead to an accident; and (c) there are no other criminal records; and (d) there are some circumstances to take into account the circumstances surrounding the Defendant’s driving at the time, the Defendant’s favorable consideration of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (b) the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the argument of the instant case, including the circumstances after the crime.

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