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(영문) 서울동부지방법원 2019.09.20 2019고단1858
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 6, 2019, at around 01:45, the Defendant driven a D Tbluri car while under the influence of alcohol concentration of about 6.8 km from the front of Gangnam-gu Seoul, Seoul to the front road of the Olympic Winter Sym of Songpa-gu Seoul, Seoul, with approximately 0.223 % of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, records on drinking and recording records, circumstantial statements of drinking drivers, investigation reports (report on the circumstances of drinking drivers) and reports on detection of drinking drivers;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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 caused an accident that leads to shocking the central separation unit while driving alcohol in the state of detention. Considering the risk of the instant crime, there is a need for a strict punishment for the Defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant is the first offender; (b) the defendant is against his mistake; (c) the personal injury has not occurred due to the defendant's crime; and (d) the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (c) various sentencing factors specified in the arguments in the case,

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