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(영문) 서울중앙지방법원 2020.02.07 2020고단277
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 October 16, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Jung-gu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 10, 2020, at around 01:06, the Defendant driven Bchier car with a blood alcohol content of about 7 km from around 0.169% under the influence of alcohol on the front of a restaurant located in the Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government 475 Olympic Games) to the Han River curriculum as the Seoul Dongjak-gu Seoul Metropolitan Government 475 Olympic Games.

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

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 in judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have repeated the Defendant’s driving of drinking alcohol, high drinking level, among them, the circumstances of driving a motorway in a considerable distance, etc., but it is deemed that the previous driving force was not followed by accidents, but did not have any particular criminal records, and the previous driving force was 13 years before and after, the vehicle was sold, etc., in favor of the Defendant, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as the same as the order in consideration of various sentencing conditions shown in the pleadings of the instant case.

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