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(영문) 서울서부지방법원 2020.11.17 2020고단3129
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 20, 2020, at around 16:18, the Defendant driven a FEE car under the influence of alcohol concentration of about 20 meters from the 3rd Director of C in Eunpyeong-gu Seoul Metropolitan Government to the front road in Eunpyeong-gu, Seoul, while under the influence of alcohol concentration of about 0.284%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statements, investigation reports on the results of the control of drinking driving (report on the circumstances of drinking drivers) and investigation reports (application of the Tramark formula) to the accused;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant’s blood alcohol concentration is very high at the time of the instant case, and the occurrence of the traffic accident due to the instant drinking driving.

On the other hand, the defendant tried to drive only a short distance to drive a customer vehicle within the third Vice Commissioner, and there is no history of criminal punishment prior to the instant case.

In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.

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