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(영문) 서울중앙지방법원 2020.04.29 2020고정56
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the driver of the spati vehicle B.

On September 25, 2019, the Defendant driven a volume of approximately 300 meters from the end of Seocho-gu Seoul Metropolitan Seocho-gu to the same Gu C, while under the influence of alcohol 0.129% of blood alcohol level around 23:43 on September 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The provisions of Acts and subordinate statutes governing drinking record keeping records, notification of the results of drinking driving control, and the application of examination site photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 5,000,000 to 10,000 won; and

2. Determination of sentence: The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the blood alcohol density, driving distance, the influence of the sentence on the personal affairs of the accused, etc., and other circumstances, including the age, character and conduct, environment, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act;

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