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(영문) 서울남부지방법원 2020.04.09 2020고정88
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

Punishment of the crime

On August 21, 2019, at around 21:30, the Defendant driven at the underground parking lot of Yangcheon-gu Seoul apartment complex B, Yangcheon-gu, Seoul, the blood alcohol concentration of 0.093%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. The defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be reduced to more than the summary order by taking into account the following: (a) the defendant has no previous conviction except for a minor fine once prior to 30 years; (b) the defendant is trying to park while driving on behalf of another person while in a residential underground parking lot; and (c) there are some circumstances to take into account the circumstances, and reflects the situation. It is so decided as per Disposition on the grounds above.

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