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(영문) 서울남부지방법원 2020.01.16 2019고단5139
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On October 1, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch Branch.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.129% on September 23, 2019, driven a car from approximately 100 meters from the front side of Geumcheon-gu Seoul Metropolitan Government B apartment to the front road of the same Gu.

Accordingly, the Defendant violated the Road Traffic Act twice the prohibition of driving under the influence of alcohol provided for in the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the situation of a drinking driver);

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

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 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 degree of drinking alcohol measurement, 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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