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(영문) 서울서부지방법원 2020.09.10 2020고정517
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 3, 2016, the Defendant was sentenced by the Seoul Central District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and the same year.

6.21. The sentence became final and conclusive.

On January 29, 2020, at around 00:34, the Defendant driven D CT100 Orala while under the influence of alcohol with approximately 0.073% of alcohol concentration at approximately 500 meters from the front of Yongsan-gu Seoul to the front of the Gu C apartment static.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (a summary order, etc.);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was subject to punishment once for drinking driving in 2016, and was also driving under the influence of alcohol.

On the other hand, the drinking driving force of the judgment is all criminal records, and the drinking driving of the case did not lead to a traffic accident.

In addition, the defendant again said that he would not distort such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the drinking alcohol level and driving distance in this case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the oral proceedings.

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