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(영문) 서울중앙지방법원 2020.08.28 2020고단5465
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16 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 March 22, 2016, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) under the Seoul Central District Court Act.

【Criminal Facts】

On June 10, 2020, at around 21:16, the Defendant driven CORUE vehicles with approximately 4.3 km from the front of the Maro Digital Complex, Guro-gu Seoul Special Metropolitan City, to the front road of Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcohol concentration of about 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report on the driver and each investigation report on the driver (the circumstantial report on the driver, the bureau and the result of appraisal);

1. Inspector, 112 reported case handling table; and

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (attached to summary orders), and application of Acts and subordinate statutes governing summary orders;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeats the driving of a drinkingous vehicle; (b) the poor circumstances caused by a heavy drinking-free and parked vehicle in which the drinking-free vehicle was used; (c) the Defendant did not lead to a heavy personal accident; (d) the Defendant’s previous drinking-related power was once, and there was no record of punishment heavier than the previous fine; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc. are considered as favorable to the Defendant; and (e) the punishment is determined as ordered in consideration of various sentencing conditions shown in the pleadings of the instant case, including the circumstances after the crime.

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