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(영문) 서울북부지방법원 2020.11.12 2020고단2319
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 29, 2011, the Defendant received a summary order of KRW 1.5 million from Seoul Southern District Court due to a violation of the Road Traffic Act.

On November 1, 2020, at around 07:05, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.137% in the section of about 10km from Seoul, Nowon-gu to the front-gu East-dong line.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's legal statement, inquiry into the result of crackdown on drinking driving, the report on the circumstantial statements of the drinking driver, and the investigation report (the report on the status of drinking driving);

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, has carried out a traffic accident leading to the vehicle ahead of it due to the so-called night driving.

The punishment as ordered shall be determined by taking account of the fact that no loss of human life has occurred even though it was committed, the defendant commits a mistake, the fact that there is no previous conviction exceeding a fine, the background leading up to the driving of the drinking of this case, the degree of blood alcohol concentration, the interval between previous years of drinking, etc., and other factors of sentencing, such as the age, occupation, family relationship, personality and conduct of the defendant, etc.,

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