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(영문) 서울중앙지방법원 2020.02.11 2019고단8534
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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 June 25, 2010, the Defendant was issued a summary order of a fine of three million won by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 30, 2019, around 05:21, 2019, the Defendant driven a B-low-income vehicle under the influence of alcohol with approximately 100 meters alcohol content 0.059% from the section of approximately 100 meters of alcohol content to the front road of the shooting distance in the Gangnam-gu Seoul Central Tridong Tridong to the same Dorolet.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, output of a drinking driving, and report on detection of a drinking driver;

1. Control note;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of the summary order;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeated his/her drunk driving; (b) the previous drinking water was significantly high; (c) the situation under which the self-regulation of his/her driving in the vicinity of the road crossing was obstructed by circumstances or accidents unfavorable to the Defendant; (d) the drinking water level of the instant case does not lead to any excessive accident; and (e) the fact that there was no record of punishment heavier than the previous fine; and (e) the Defendant had no record of punishment heavier than the previous fine, etc., the punishment shall be determined as ordered by taking into account other factors indicated in the pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence

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