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(영문) 서울중앙지방법원 2020.10.21 2020고단5664
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 December 5, 2011, the Defendant was issued a summary order of KRW 2 million by the Seoul Western District Court as a crime of violating the Road Traffic Act.

On August 10, 2020, at around 00:20, the Defendant driven an Efran vehicle while under the influence of alcohol with approximately 0.184% of alcohol concentration at approximately 200 meters from the front of the CF located in Gangnam-gu Seoul Metropolitan Government, to the front of the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes concerning criminal records;

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

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act is based on the following facts: (a) there is no previous conviction to reflect the facts constituting the crime in the sentencing; (b) the Defendant appears to have used a usual driving; and (c) the Defendant, even at the time of the instant case, went through a vicarious driving to meet with a proxy driver and a proxy driver; (d) the driving distance is about 200 meters; (c) the driving distance is about 200 meters; (d) the driving distance is about; and (e) the Defendant again is going to stop driving under the influence of alcohol, such as completing traffic safety education related to driving under the influence of alcohol; and (e) his mistake is divided and reflected.

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