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(영문) 서울북부지방법원 2020.12.03 2020고단2515
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 November 23, 2007, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court on August 23, 2007 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act. On December 20, 2018, the Seoul Northern District Court issued a summary order of three million won for a violation of the Road Traffic Act.

On May 28, 2020, at around 03:35, the Defendant driven D Awdi vehicle with a 1m alcohol level of 0.131% under the influence of alcohol level on the front side of C in Jung-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Visual images of a report on investigation (verification of CCTV images for the purpose of committing a crime) as a result of the control of drinking operation;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of the following facts: (a) the period of 13 years prior to the Defendant’s judgment on the grounds of sentencing under Article 62(1) of the Criminal Act was passed; (b) the period of 13 years prior to the Defendant’s judgment on the grounds of sentencing under Article 62(1) of the Criminal Act was more severe than the period of 13 years; (c) the Defendant did not have any criminal records prior to the suspension of execution or more; and (d) the Defendant was confirmed by CCTV to drive approximately 1 meter in order to ensure that the Defendant’s parking was immediately appropriate; and (d)

Since it is not possible to make a declaration, it is so ordered as per Disposition.

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