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(영문) 서울서부지방법원 2020.09.24 2020고단2489
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 5, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

On July 4, 2020, the Defendant driven a BNS G80 car at a section of about 100 meters in the storage of a luxin vehicle located in Yongsan-gu, Seoul, Yongsan-gu, 170-4, while under the influence of alcohol of 0.110% of blood alcohol level around 03:43.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the fact-finding statement of a drinking driver, report on internal investigation (related to the application of the Tradmark), and report on investigation (specific driving distance);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment had the record of punishment for driving under drinking once, and the driving under this case was done under the influence of drinking, and the result of the occurrence of a traffic accident.

On the other hand, the driving distance of this case is not driving distance, and the defendant is expected not to mislead such a mistake again, etc., in full view of various circumstances favorable to the defendant, such as drinking water of this case, the age, character and conduct, environment of the defendant, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the punishment as ordered shall be determined

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