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(영문) 서울동부지방법원 2019.08.13 2019고단1913
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On June 10, 2019, at around 22:25, the Defendant driven a Dlearning car with approximately 2.1km from the parking lot of the first floor of Songpa-gu Seoul building B to the front floor of the same Gu C, while under the influence of alcohol concentration of 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a vehicle while under the influence of alcohol, and whose blood alcohol concentration was high at the time, the liability for the crime is not minor.

However, the defendant's recognition of the crime of this case and the first offender who has no record of criminal punishment during that period is considered as favorable circumstances. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances which form the conditions for sentencing specified in the trial process, such as the records of this case and the circumstances after the crime, shall be determined as ordered by the court.

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