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(영문) 서울중앙지방법원 2020.11.20 2020고단7610
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

On September 26, 2020, at around 01:50, the Defendant driven a motor vehicle with cambling in the state of alcohol of about 0.124% from the 2km section from the Han River Station in Songpa-gu Seoul Metropolitan Government to the front road in Songpa-gu Seoul.

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

Summary of Evidence

1. The defendant's legal statement, the oral statement, the investigation report, the confirmation report on the occurrence of the case, and the photograph of the defendant;

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

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

1. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Act is that the defendant repeats his/her drunk driving for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment under Article 70(1) and Article 68(2) of the same Act. The circumstances where the drinking water in this case is considerably high, the situation where the drinking water in this case was prevented from driving the vehicle with the blind line on the road, and the refusal of temporary measurement at the time of the measurement of drinking, etc. seems to have been difficult to lead to the unfavorable circumstances or accidents against the defendant. The previous drinking driving force is limited to one case around 2007, and the drinking water in this case was not high at the time, taking into account the defendant’s age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as the order of sentencing as set forth in the

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