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(영문) 서울중앙지방법원 2020.05.13 2020고단418
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On May 10, 2013, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on April 23, 2014, the Seoul Central District Court issued a summary order of KRW 2 million as a fine for the same crime.

At around 03:10 on December 3, 2019, the Defendant driven CMW 320d car from the front side of Gangnam-gu to the front side of Gangnam-gu, Gangnam-gu, Seoul, while under the influence of alcohol of 0.286% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving;

1. Application of Acts and subordinate statutes of double copies of criminal records, reply reports, and summary order;

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 criminal records of the sentencing of Article 334(1) of the Criminal Procedure Act have the same kind of criminal records, and the fact that drinking is high is disadvantageous to the defendant.

However, in light of the fact that the Defendant had no previous conviction other than drinking, from around 2009 to around 2009, the Defendant was employed in D and had been in a normal social life while taking charge of consulting duties as the deputy head, the possibility of dismissal would be reasonable if the Defendant selects imprisonment and sentenced to punishment by nature of the Defendant’s workplace and duty, and the Defendant’s family members are actively leading the Defendant while complaining of his wife, and the Defendant’s family members actively go against their depth, etc., the sentence shall be determined as per the order.

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