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(영문) 서울남부지방법원 2020.01.16 2019고단5513
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On July 29, 2011, the Defendant was issued a summary order of a fine of one million won by the Seoul Southern District Court for a violation of the Road Traffic Act.

Nevertheless, at around 11:20 on September 29, 2019, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.058%, was driving D-wing-3 freight vehicles at the section of approximately 7.2km from the front to the front road of the etern C in the eternic City to the front road of the eternic City.g.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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. Determination of the same sentence as the order shall be made by taking into consideration all the conditions of sentencing specified in the pleadings of the instant case, including the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances leading to drinking alcohol driving, the measurement of drinking alcohol, the previous conviction of a fine for drinking, the reflectivity, etc.

It is so decided as per Disposition for the above reasons.

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