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(영문) 서울중앙지방법원 2020.12.18 2020고단8253
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 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 July 4, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 25, 2020, at around 01:52, the Defendant driven a Maz car while under the influence of alcohol with approximately 0.085% alcohol concentration from the section of about 9km from the center of C school located in Sungnam-si, Seoul to the front distance of the D apartment in Gangnam-gu, Seoul.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the investigation report (the report on the status of the employer driver) and the statement of 112 reported cases; and

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

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

1. The grounds for sentencing under Articles 70(1) and 68(2) of the Criminal Procedure Act for the order of provisional payment under Article 334(1) of the same Act, including the following: (a) the Defendant’s repeated driving of drinking alcohol; (b) the distance of driving is considerable; and (c) the fact that the circumstances controlled by the 112 Report do not lead to an accident that are disadvantageous to the Defendant; (b) the Defendant has no record of punishment heavier than the previous fine of this case; and (c) the Defendant has no record of punishment heavier than the previous fine of this case, shall be considered as favorable to the Defendant; and (d) the punishment is determined as ordered in consideration of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime were committed

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