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(영문) 서울중앙지방법원 2020.04.14 2020고단1879
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 July 19, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 14, 2020, the Defendant driven D 9 car under the influence of alcohol content 0.067% with approximately 1km from the street of the front of the Gu in Ansan-si to the front road of the 215 Suyang-dong Residents' Center in the same Donyang-ro from the street of the Gu in Ansan-si, the Defendant was under the influence of alcohol content 0.067%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes of a 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been repeated by the Defendant, and the previous drinking alcohol level was deemed to have been seriously controlled, but it did not lead to an accident. The pertinent drinking alcohol level was not much serious, and other circumstances favorable to the Defendant, such as the Defendant’s circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account the various sentencing conditions

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