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(영문) 서울북부지방법원 2021.02.18 2020고단3695
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

[Power of crime] On July 6, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving on Drinking) at the Suwon Friwon.

[Criminal facts] On August 25, 2020, the Defendant driven CA car at the section of about 1km from the day before the day of the mutual influence in Dongdaemun-gu Seoul, Dongdaemun-gu to the front day of the Seoul Central Franc Zone B, while under the influence of alcohol content of 0.074% during blood transfusion around 01:36.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's legal statement, inquiry of the result of regulating driving of drinking alcohol, the statement of the situation of the driver in charge, the investigation report (report on the situation of the driver in charge), and the details of control;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment is determined as ordered by taking into account the following factors: (a) the reason for the sentencing of Article 334(1) of the Criminal Procedure Act; (b) the developments leading up to the crackdown and driving distance; (c) the degree of alcohol content in blood; (d) the time interval with the person driving the drinking alcohol in the judgment; and (e) the fact that there is no particular criminal record other than twice of a fine; (e) the prevention of recidivism is being committed in line with the mistake; (b) the one household most as the representative of the company; and (c)

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