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(영문) 서울동부지방법원 2019.06.07 2019고단976
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

around 04:00 on March 5, 2019, the Defendant driven a D Belgium car with approximately 800 meters alcohol concentration of 0.164% in the section of approximately 800 meters from the front of Songpa-gu Seoul to the front of the same Gu C on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the results of the control of drinking driving, the report on the situation of drinking drivers, and the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant drives a vehicle under the influence of alcohol again even though he/she had a record of criminal punishment once due to a drunk driving, and the liability for the crime is not exceptionally applied.

However, the defendant recognized the crime of this case and against his mistake, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all other circumstances which form the conditions for sentencing as shown in the process of the trial, such as the records of this case and the circumstances after the crime, shall be determined as ordered by the court.

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