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(영문) 서울중앙지방법원 2020.12.18 2020고단7393
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

[criminal power] On February 16, 201, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Central District Court for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On October 13, 2020, the Defendant driven an E 5 vehicle while under the influence of alcohol with approximately 0.169% of alcohol concentration in approximately 600 meters from the road near Gangnam-gu Seoul, to the front road of the same Gu, from the road near Gangnam-gu Seoul, Seoul.

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

Summary of Evidence

1. The defendant's legal statement, the oral statement, the circumstantial statement, the appraisal report, the actual condition survey report, the F's statement of traffic accidents, and the vehicle photograph;

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

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 sentencing of Article 70(1) and Article 68(2) of the Criminal Act with respect to the order of provisional payment under Article 334(1) of the Criminal Procedure Act is that the defendant repeats his/her drunk driving. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment under Article 70(1) and Article 68(2) of the same Act is that the drinking water of this case was close to drinking, and that the defendant has the

However, in light of the fact that accidents are insignificant and not leading to large damage, the previous drinking driving force prior to ten years, and thereafter there is no particular criminal records, the defendant's appeal to dismiss the company and not re-offending the company, and the defendant's appeal to the decision of fine is urgently taken into account, the decision to select a fine shall be made in favor of the defendant, taking into account the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the arguments in the instant case, a punishment shall be determined as ordered, taking into account various sentencing conditions as indicated in

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