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(영문) 서울중앙지방법원 2021.02.16 2021고단237
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

[Power of crime] On January 24, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for a crime of violating the Road Traffic Act (driving).

[2] On October 22, 2020, the Defendant started from the Jung-gu Seoul Central District Court around 01:23, 2020, and driven Dben E200 c-c-car under the influence of alcohol concentration of about 300 meters from a section of about 0.071% in blood to the front of Jung-gu, Jung-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report (the situation report of the driver in charge) and records and photographs; and

1. Records of judgment: Inquiry into criminal records, and application of the statutes governing summary orders;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Procedure Act is to repeat the driving of alcohol by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment under Article 70(1) and Article 68(2) of the same Act. The fact that the situation where the situation when the driving of the vehicle stops on the road is bad was put down, the accident did not lead to the Defendant’s unfavorable circumstances, and the instant drinking volume does not lead to the instant accident. After the Defendant becomes an adult, the Defendant does not have any other criminal history except the drinking driving fine as stated in the judgment after becoming an adult, considering the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is to be determined as per the order.

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