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(영문) 서울북부지방법원 2020.11.12 2020고단2139
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 21, 2009, the Defendant was issued a summary order of KRW 1,50,000 by the District Court of the Republic of Korea on the grounds of the violation of the Road Traffic Act.

On May 1, 2020, at around 23:05, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol level of about 0.211% from the road near C in Jung-gu Seoul Metropolitan Government to the front road in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the defendant's circumstantial statement, the investigation report, and the details of control;

1. Previous records: Application of criminal records, inquiry records, and Acts and subordinate statutes confirming criminal records of a drunk driving;

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 sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing under Article 334(1) of the provisional payment order is based upon the following factors: (a) the circumstance leading up to the crackdown on drinking alcohol and the blood alcohol concentration of the Defendant; (b) the interval between the Defendant’s previous drinking driving force; and (c) the Defendant reflects the Defendant’s mistake; and (d) the Defendant has no criminal history other than the previous drinking driving record as indicated

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