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(영문) 서울남부지방법원 2020.11.26 2020고단3830
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 5, 2020, around 01:30 on June 5, 2020, the Defendant driven DK 3 automobiles while under the influence of alcohol with approximately 0.220% of alcohol concentration on the road near the Egnbannam-do located in Yeongdeungpo-gu Seoul Metropolitan Government to the roads near the Egnbannam-do located in 128 as the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the details of enforcement, report on the circumstantial statement of a drinking driver, investigation report (report on the status of a drinking driver), and notification of the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant's blood alcohol concentration is very high.

A favorable circumstances: The defendant is a first offender who has no previous record.

The defendant recognized the crime of this case and seriously reflects on the fact that he disposes of the vehicle and does not drive the vehicle.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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