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(영문) 서울중앙지방법원 2020.03.20 2020고정339
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On December 4, 2008, the Defendant was issued a summary order of 2.5 million won by the Suwon District Court for the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 22, 2019, around 06:21, 2019, the Defendant driven a D-hurd-hurn car with approximately 300 meters section from the road near Gangnam-gu Seoul Southern to the front road of the same Gu, while under the influence of alcohol concentration of about 0.098%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Each report on investigation;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. Records before and after judgment: Criminal records, inquiry reports, investigation reports (verification of punishment records for sound driving), and application of summary order Acts and subordinate statutes of the judgment rendered by Suwon District Court No. 2008 High Court No. 3759;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is against the defendant's recognition of facts charged, the defendant has no criminal records other than once the same criminal records as the previous criminal records prior to about 11 years, and the driving distance is not remote. In addition, the defendant's age, character and behavior, environment, motive for the crime, and blood alcohol concentration level as at the time of the crime are considered, and the punishment is determined as ordered by the order.

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