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(영문) 서울중앙지방법원 2020.07.23 2020고정759
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On August 25, 2019, at around 07:55, the Defendant driven a car in Category C in about 4km from the front of the Gyeonggi-si B market in Gyeonggi-gu to the front of the 359 Guri Police Station in the same city, while under the influence of alcohol 0.20% (blood collection).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports, report on the situation of a drinking driver, inquiry into the results of the control of drinking driving, and written appraisal of alcohol alcohol;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. In full view of all the sentencing factors indicated in the trial process of this case including the Defendant’s blood alcohol concentration, driving distance, etc., the amount of fine determined in the summary order cannot be deemed unfair, and thus, the amount of fine shall be maintained as it is, given that there is a great need to eradicate the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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