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(영문) 서울중앙지방법원 2020.12.09 2020고단6822
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 18, 2011, the Defendant issued a summary order of KRW 4 million at the Seoul Central District Court as a crime of violation of the Road Traffic Act.

On September 20, 2020, at around 23:25, the Defendant driven a CNA car in the state of alcohol alcohol concentration of approximately 0.147% from the 30km section to the Seoul Jongno-gu apartment parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is high, and the driving distance is considerable, etc. that are disadvantageous to the defendant.

However, in light of the fact that there is no previous conviction exceeding a fine, the defendant used a normal drunk driving, and the proxy driver was absent even before the driving of the case, but it seems that the proxy driver was unable to meet, resulting in a contingent drinking driving, and the defendant seems to be subject to dismissal when he selects imprisonment and declares a sentence, the defendant seems to be subject to dismissal when he is sentenced to imprisonment, the fact that he must support his spouse and children, and the fact that he recognizes a drunk driving and is against the depth, etc., the punishment shall be determined as per the order.

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