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(영문) 서울중앙지방법원 2019.05.24 2019고단1421
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Violation Power] On June 29, 2010, the Defendant was issued a summary order of KRW 2 million at the Gangseo branch office of the Chuncheon District Public Prosecutor's Office on the grounds of violation of the Road Traffic Act, etc., and was sentenced to a suspension of indictment on the condition of entrusting the guidance to a probation office. On October 11, 2017, at the Suwon District Court, the Defendant was issued a fine of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On January 26, 2019, at around 03:20, the Defendant driven B rocketing car with the blood alcohol concentration of about 0.196% from the front of a main point where it is impossible to identify the trade name in the Cheongdamdong in Gangnam-gu Seoul Metropolitan Government, to the Gyeonggi-do road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Photographs and control note;

1. Records of violation of judgment: Application of criminal records, etc. inquiry reports and investigation reports (attached to the previous records and summary orders, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeated his drunk driving; (b) the Defendant deemed that the drinking alcohol level in the instant case is considerably high; and (c) the Defendant deemed the process of regulating the locking in the vehicle in a neutral state on the one-way road, as the process of blocking the vehicle in a neutral state; (d) the Defendant did not lead to an accident; (c) the Defendant did not have any record of criminal punishment other than the one-time fine for driving; (d) the Defendant’s wife wanted to have his wife wise; and (e) the Defendant’s wife might lose his occupation when he is punished more severe than the fine in the instant case; and (e) the Defendant’s age, character and behavior, motive, means and consequence of the crime; and (e) various conditions for sentencing specified in the pleadings of the instant case, including the circumstances after the crime.

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