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(영문) 서울중앙지방법원 2020.10.14 2020고단5397
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 March 24, 2006, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on March 24, 2006, and was sentenced to a fine of five million won for the crime of violating the Road Traffic Act in the Daegu District Court on May 17, 2007.

At around 22:10 on March 18, 2020, the Defendant driven a D food car owned by the Defendant from the front Do in the Seocho-gu Seoul Seocho-gu Seoul Building parking lot to the back side of the Seocho-gu Seoul Building, with approximately 600 meters alcohol level of 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The application of Acts and subordinate statutes, such as criminal history, inquiry and inquiry;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the case is three times for drunk driving, that is, the high drinking level and the occurrence of a traffic accident is disadvantageous to the defendant.

However, it is decided as per Disposition in view of the following: (a) there is no other criminal record other than the criminal record for a drunk driving; (b) the defendant has agreed with the victim regarding a traffic accident; (c) the defendant used a usual driving on behalf of the victim; and (d) the defendant appears to have operated a drunk driving on the day of drinking; (b) the defendant is in office at a claims collection agency as a debt collector; (c) the defendant is subject to ipso facto retirement pursuant to Article 27(1)5 of the Use and Protection of Credit Information Act in the event he selects imprisonment and declares a sentence; (d) the elderly and his spouse should support two children pursuant to Article 27(1)5 of the Use and Protection of Credit Information Act; (e) the elderly want to support the defendant's prior wife; (e) the family and his neighbors want to keep the defendant from driving under the influence of alcohol; and (e) the defendant

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