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(영문) 서울북부지방법원 2020.11.26 2020고단2532
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 July 18, 2013, the Defendant was issued a summary order of KRW 1 million by the Seoul Northern District Court due to a violation of the Road Traffic Act.

On June 3, 2020, at around 23:20, the Defendant driven C Dotap-free car under the influence of alcohol concentration of 0.187% in order to park in the three-meter section above Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

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

Summary of Evidence

1. Report on the legal statement of the accused's driver, status quo statement, investigation report (report on the circumstances of the drinking driver), drinking water, and control records;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following factors: (a) the blood alcohol concentration at the time of regulating the reason for sentencing; (b) the short distance for parking after the substitute driving; (c) the physical damage was recovered despite the occurrence of a traffic accident; and (d) the Defendant had no criminal record exceeding the fine, including the time interval between the previous drunk driving record and the previous drunk driving record; and (d) the Defendant’s age, occupation, family relationship, personality and conduct, etc.; and

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