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(영문) 서울중앙지방법원 2020.03.17 2020고정283
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B at low price.

On November 29, 2019, the Defendant driven the said car around 300 meters from the Gangnam-gu Seoul apartment site to the front road of the same Gu while under the influence of alcohol content of 0.179% of blood alcohol around 04:30 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of the driver, and investigation report (report on the state of the driver’s practice);

1. Application of enforcement manual and photographic Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, 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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order is considerably high, the reason for sentencing of this case is deemed to have not been properly observed, but the distance of driving is not much high, the defendant has no record of regulating driving under the influence of alcohol in this case, and the economic situation of the defendant seems to be difficult, etc. In favor of the defendant, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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