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(영문) 서울남부지방법원 2020.03.20 2020고정86
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On August 11, 2017, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on November 27, 2017, and the judgment became final and conclusive on February 29, 2018, which was sentenced to four months of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on February 29, 2018 and became final and conclusive on March 22, 2018.

around 06:20 on April 17, 2015, the Defendant driven a e-benz car in the state of alcohol with approximately 0.145% alcohol concentration at approximately 250 meters from the front road in Seo-gu Incheon Metropolitan City, to the front road in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and a report on the status of the driving of a driver;

1. Previous records: Each inquiry into a case and the application of Acts and subordinate statutes of a judgment;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. An order of provisional payment should take into account equity in the case where a judgment of reason for sentencing under Article 334(1) of the Criminal Procedure Act is rendered concurrently with a case where a judgment of reason for sentencing has become final and conclusive, taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, motive and means of crime and consequences, the circumstances after the crime, etc., and determine the sentence as ordered.

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