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(영문) 서울북부지방법원 2020.05.28 2019고정1924
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

As of August 12, 2010, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and the summary order became final and conclusive. On September 30, 2019, at around 03:55, the Defendant carried out a section of approximately 2 km from the Dowing-dong to the front road of the Dobong-gu Seoul Metropolitan Government Dowing-gu Dowing-do 963 (Dowing-dong) on the road where he/she is able to drive a Category B business vehicle with a blood alcohol level of KRW 0.068% under the influence of alcohol level of KRW 03:0.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the driver, the detailed statement of control, and the photograph of the control site;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and a list of related cases;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 on the ground of sentencing under Article 334(1) of the provisional payment order is that the Defendant, at the time of regulating the driving of the instant driving at the intersection, was diving in the vehicle in the direction of the intersection, and thus, there was a very dangerous situation that may cause traffic accidents, such as drilling accidents, and the fact that the Defendant’s blood alcohol concentration level is relatively high is disadvantageous to the Defendant.

However, on the other hand, there are favorable circumstances, such as the confession and reflect of the instant crime, the drunk driving prior to the instant crime is a crime that had been committed for about nine years prior to the instant crime, and there are no criminal records for the same kind of crime and no criminal records exceeding the fine. Such circumstances and various sentencing conditions specified in the instant records and arguments, including the age, health status, family relationship, environment, and circumstances after the instant crime.

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