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(영문) 서울중앙지방법원 2020.02.11 2020고단325
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14 million.

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

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 13, 2019, at around 00:35, the Defendant driven a cnife car with a cnife rate of 0.131% under the influence of alcohol from the 2km section from the front of the 4-dong Station No. 126 to the front of the Seoul Jung-gu Hospital.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement, internal investigation report, and investigation report of an employee as provided for in the provisions of paragraph (1) (the circumstantial report of an employee as provided for in

1. Statement of control of drinking driving, statement of traffic accident (1) (2), photograph, statement of traffic accident occurrence status of D, and written estimate;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeats the driving of drinking alcohol; (b) the Defendant is high in the level of drinking alcohol and the occurrence of an accident was insignificant; (c) the previous drinking-related power was placed at once every ten years prior to the ten-year period; and (d) the fact that there was no particular criminal record; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the punishment is determined as ordered in consideration of various sentencing conditions indicated in the argument of the instant case, including the circumstances after the crime.

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