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(영문) 서울북부지방법원 2020.07.22 2020고정791
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On December 22, 2006, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon-do branch on December 2, 2006. On January 8, 2007, the Defendant received a summary order of KRW 2,00,000 as a fine for the same crime.

【Criminal Facts】

On February 5, 2020, at around 21:35, the Defendant driven a C Track car with a blood alcohol concentration of about 14 km from the Do adjacent to the Do in Gangnam-gu, Seoul, to the Gu-si's underground parking lot for the B apartment of about 14 km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the application of the parmark formula and the calculation of the blood alcohol concentration);

1. Investigation into the register of driver's licenses of a suspect, the vehicle loaded by a suspect on board, the vehicle photographs of a vehicle found in an underground parking lot in a suspect's residence, the circumstantial statement of a drinking driver, the use of drinking meters, the report on detection of drinking drivers, and the results of crackdown on drinking driving;

1. Previous records: Criminal records, inquiry reports, and the application of the same criminal records-related Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the selection of criminal facts;

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;

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