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(영문) 서울중앙지방법원 2019.10.31 2019고단5201
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On May 30, 2016, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 17, 2019, at around 04:13, the Defendant driven a B-to-purd vehicle with approximately 7km alcohol concentration of about 0.113% in the section of Jongno-gu Seoul from the road located in Seongbuk-gu Seoul, to the road located in 143, Jongno-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report and notification of the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to 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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order includes the blood alcohol concentration, driving distance, the same kind of crime records (no record of punishment for drunk driving other than the criminal records in the market), and the defendant separates the wrong facts, etc., the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the arguments of this case.

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