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(영문) 서울중앙지방법원 2020.10.21 2020고단4941
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

On March 8, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

On June 16, 2020: (a) around 00:15, the Defendant driven a C Car with C Car with alcohol concentration of 0.183% 0.183% under the influence of alcohol in the 7km section from the boom site in Gangnam-gu Seoul Metropolitan Government to the 7km underground parking lot in Seocho-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act is significantly high, and the defendant is in need of strict punishment in addition to the drinking prior to the record of criminal facts, in addition to the drinking prior to the previous record of criminal facts.

However, it is decided as per Disposition by taking into account the following: (a) the previous drinking prior to the drinking prior to 2006; (b) the sale of a vehicle; (c) the Defendant sold a vehicle; (d) the Defendant appears to be subject to dismissal under the rules of employment of the company in which he/she is in office when he/she selects imprisonment and issues a sentence; (d) the Defendant must support two wife and her children; and (e) the confession of the crime of this case and reflects their depth.

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