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(영문) 서울동부지방법원 2020.12.16 2020고단3400
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

On May 31, 2005, the Defendant was sentenced to a summary order of KRW 1,00,000 by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act. On September 28, 2012, the Seoul Southern District Court was sentenced to imprisonment for 6 months and 2 years of suspended execution.

At around 10:00 on September 8, 2020, the Defendant driven a Dsch Rex sports cargo vehicle owned by himself while under the influence of alcohol concentration of about 0.070% from the section of about 10km from the front of Gangdong-gu Seoul to the front of Songpa-gu Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Previous records: Application of investigation reports (limited to identical or similar criminal records) (limited to concurrent or similar criminal records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines (such as the fact that it appears to be a night-time driver and the fact that the crime is divided) of the Road Traffic Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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