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(영문) 서울북부지방법원 2021.01.19 2020고단2172
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, around 18:15, the Defendant driven Daba while under the influence of alcohol content of about 0.152% in blood from the 2km section from the roads near acceptance mountain located in the Seoul Special Metropolitan City, Nowon-gu, Seoul to the front road of the apartment B apartment C in the same Gu.

Summary of Evidence

1. Application of the defendant's legal statement statement report, inquiry of the result of crackdown on drinking driving, investigation records, and the statute applicable to investigation reports (amended by the aforementioned dmark formula);

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment order are as follows: (a) Defendant was involved in a single traffic accident due to Ototobb alcohol driving; and (b) alcohol concentration in blood is very high.

As a result, the punishment is determined as ordered in consideration of various factors of sentencing, such as the fact that the defendant only caused harm to others, and the fact that the defendant is against his/her wrong, the primary offender, and other factors of sentencing, such as the defendant's age, sex, family relationship, living environment, circumstances leading to the crime, etc.

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