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(영문) 서울남부지방법원 2020.11.24 2020고단3557
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 28, 2020, at around 23:30, the Defendant driven the E-made car volume from the parking lot C located in the Nam-gu Incheon Metropolitan City, Nam-gu B to the front road of Yeongdeungpo-gu, Seoul, with approximately 25km alcohol concentration of about 0.090%.

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, a certificate of measurement of drinking, a circumstantial statement of drinking drivers, and an investigation report (report on the state of drinking drivers);

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant's blood alcohol concentration is not low and the distance from driving under the influence of alcohol is also long.

A favorable circumstances: The defendant, as a first offender without previous conviction, has recognized the crime of this case and is seriously against him.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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