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(영문) 서울중앙지방법원 2020.05.21 2019고단8049
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by the Seoul Eastern District Court.

On October 26, 2019, at around 04:05, the Defendant was under the influence of alcohol with 0.236% of alcohol level, and the Defendant driven Dsch Rexroth car from the front of Gangnam-gu Seoul to the front of C at approximately 2.5 kilometers from the front of Seoul to the front of the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Report on the circumstances of an employee;

1. A notification slip of the result of drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of punishment records for the same kind of suspect), and application of Acts and subordinate statutes of a summary order;

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 had been punished for driving under drinking around 2012, and even if he had the record of being punished for driving under drinking around 2012, he/she was driving under the instant case, and the blood alcohol concentration is very high, and the responsibility for the crime is not

However, in full view of the following circumstances: (a) the Defendant’s mistake recognized by the Defendant is against the Defendant; (b) the driving of the instant drinking test was conducted after the lapse of a long time from the previous crime; (c) the occurrence of a traffic accident due to the driving of the instant drinking; and (d) the Defendant’s age, environment, occupation, occupation, family relationship; (c) details of the crime; and (d) the circumstances after the crime, etc.,

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