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(영문) 서울동부지방법원 2020.04.23 2020고단629
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 13, 2013, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act from the Chuncheon District Court.

【Criminal Facts】

On February 12, 2020, at around 06:07, the Defendant driven Dbenz car at approximately 70 meters from the public parking lot in Gwangjin-gu Seoul Special Metropolitan City to the front road in the same Gu, while under the influence of alcohol level of about 0.115%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (a copy of summary order)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The history of punishment for the violation of the Road Traffic Act (driving) is only one time, and the blood alcohol concentration is more favorable: The length of the defendant's drinking operation is a letter that the defendant does not keep a distance from his/her drinking, the defendant repents and reflects his/her mistake, and other conditions of sentencing specified in pleadings, such as the defendant's age, character and behavior, motive, means and consequence of the crime, circumstances after the crime, etc.

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