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(영문) 서울중앙지방법원 2019.10.17 2019고단5079
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2013, the Defendant was notified of a summary order of a fine of KRW 1.5 million at the Seoul Western District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 12, 2019, at around 00:14, the Defendant driven a D money tank car with approximately 400 meters alcohol concentration of 0.090% from the front side of Seocho-gu Seoul to the front side of Seocho-gu Seoul Metropolitan Government.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) and subparagraph 1 of Article 44 of the Road Traffic Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

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

1. The punishment shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the blood alcohol concentration ratio, driving distance, the same criminal records [in addition to the driving power at the market, a fine of one million won for a crime of violation of the Road Traffic Act (in addition to the driving power at the market, October 10, 2005) and the fact that the defendant separates the defendant's wrong.

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