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(영문) 서울중앙지방법원 2020.06.17 2020고단2013
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 08:30 on December 25, 2019, the Defendant driven a DG4 UPton car while under the influence of alcohol concentration of about 0.096% at the 8km section from the front of Mapo-gu Seoul to the front road of Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the drinking test values, report on the results of crackdown on drinking driving, and circumstantial statement of the drinking driver;

1. Related video CDs;

1. The application of Acts and subordinate statutes to each investigation report (report on the circumstances of a host driver, the application of the Ba mark, the victim Eline Hearing report), each internal report (F-Visits, attachment of security guards to police officers visiting the scene, submission of a letter of personal transaction, submission of a letter of confirmation of personal sales, reference G telephone conversations, and H cafeteria cafeteria Visit);

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. In light of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] The Defendant’s liability is not less than that of a fine of KRW 5,00,000 or a fine of KRW 10,000 [Pronouncement Decision] a fine of KRW 7,00,000,000, and the occurrence of a traffic accident.

However, the sentencing conditions indicated in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, circumstance, motive, means and consequence, shall be determined as ordered by taking into account the following factors: the defendant's mistake is over and against his own mistake; the defendant has no record of being subject to criminal punishment for the same kind of crime before the case; and the defendant's age, character, environment

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