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(영문) 서울중앙지방법원 2020.08.14 2020고단4355
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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 June 26, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 19, 2020, at around 21:55, the Defendant driven a C golf car with a blood alcohol concentration of about 0.039% from the 2km section of approximately 2km to the roads adjacent to a mutually aesthetic restaurant near the Geumcheon-dong, Gwanak-gu, Seoul Special Metropolitan City, to the front of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. The fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is repeated is unfavorable to the defendant, but the drinking water of this case is minor, and the accident does not lead to the accident, and the defendant has no specific criminal records, in addition to the fine for drinking driving stated in the previous judgment of this case, etc., in favor of the defendant, the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as stated in the previous judgment of this case.

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