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(영문) 서울중앙지방법원 2019.06.17 2019고단2597
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 12, 2011, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on December 9, 2014, a fine of KRW 4 million was notified by the same court as a violation of the Road Traffic Act.

Although the Defendant had been under criminal punishment on more than two occasions due to a violation of the Road Traffic Act (driving) as seen above, the Defendant was under the influence of alcohol at around 22:50 on March 13, 2019, while driving a DNA motor vehicle from approximately 200 meters from the front of the Seoul Gangnam-gu Center to the road of the same Gu C at around 00 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of the summary order statutes of the same criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 that the defendant was subject to criminal punishment on two occasions within 10 years from the date of driving under the influence of alcohol; however, the defendant's blood alcohol content was not high at the time of enforcement; the distance of driving was a short distance; the defendant did not have any special criminal record other than criminal punishment due to driving under the influence of alcohol; the defendant is in profoundly against his/her mistake; and the defendant's family members and his/her family members are leading the defendant; the defendant's age, character and behavior, family environment, motive and circumstances of the crime, etc. shall be considered as a favorable consideration; however, the sentence shall be determined as per the order, taking into account various sentencing factors indicated in the records.

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