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(영문) 서울중앙지방법원 2020.01.17 2019고단7648
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On December 1, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 25, 2019, around 23:40 on September 25, 2019, the Defendant driven a C low-speed motor vehicle with a blood alcohol concentration of about 0.175% while under the influence of alcohol at the 1km section from the vicinity of the Seoul Special Metropolitan City New-ro Modong Ga-dong Do to the front of the same Gu B.

As a result, although the defendant had a record of punishment for drunk driving, he was driving a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Previous convictions: Application of Acts and subordinate statutes of inquiry reports and reference materials;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the Defendant’s repeated driving as public officials. The fact that drinking alcohol in this case is close to drinking, or that the driving distance is not clear and does not lead to an accident without any specific criminal records, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be considered favorable to the Defendant. In addition, the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in the pleadings of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime.

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