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(영문) 서울남부지방법원 2020.04.27 2019고정1572
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On June 29, 2019, the Defendant, while under the influence of alcohol of 0.146% of blood alcohol level on June 29, 2019, driven the said car from the front side of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Ctel to the 62 Seocho-ro, Seoul Yeongdeungpo-gu, and the southwest Intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of the investigation report (official application of the Radmark);

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

D. Unfavorable circumstances: It is decided as per Disposition on the grounds that the blood alcohol concentration at the time of the pertinent drunk driving is 0.146% and the numerical value was very high, the circumstances favorable to the point of causing traffic accidents: the confession and reflect of crimes, the driving distance was not long, and the driving is deemed to have been driven to work in the state of the preceding day.

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