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(영문) 서울동부지방법원 2020.01.09 2019고단3229
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

On April 22, 2002, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, on March 5, 2003, the Seoul Western District Court issued a summary order of KRW 1 million for the same crime, and on February 7, 2011, the Seoul Western District Court issued a summary order of KRW 5 million as a fine for the same crime.

On September 30, 2019, at around 04:17, the Defendant driven a CNAS car about 10km while under the influence of alcohol concentration of 0.073% from the fluence road located in the Seongbuk-gu Seoul Metropolitan City, Seongbuk-gu to the front road of Songpa-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the Criminal Act and Articles 148-2 (1) and 44 of the Criminal Act concerning the relevant criminal facts,

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act under Article 334(1) is that the defendant was punished for a crime of drinking alcohol in this case even though he had had a record of multiple times of punishment due to the crime of drinking alcohol driving, all of the previous criminal records were punished by a fine, and the final criminal records were committed eight years prior to the crime, and the fact that he/she is expected not to repeat again, etc. shall be taken into consideration under favorable circumstances, and the punishment shall be determined by taking into account various sentencing conditions as well as the records and arguments, such as drinking alcohol, driving hours, the defendant's age, occupation, family relationship, etc.

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