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(영문) 서울동부지방법원 2021.03.12 2020고단4331
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 20, 2020, around 07:55, the Defendant driven a Cenz GLE350d car with alcohol concentration 0.210% under the influence of alcohol level from around about 4.3km to the front road of Seongdong-gu Seoul, Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, report of the situation of the driver at home, and report of the detection of the driver at home;

1. The actual survey report (traffic accident report, etc.);

1. Confirmation of investigation (verification of departure and driving distance);

1. Application of statutes on site photographs;

1. Relevant Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that, at the time of the instant crime, the blood alcohol level was high at the time of the instant crime, and the risk was extremely high, such as generating an accident against vehicles: Provided, That the Defendant did not have the record of criminal punishment for the same kind of crime, and it is not confirmed that personal damage was caused by the instant crime, and the Defendant’s age, sexual behavior, environment, motive for the crime, and circumstances after the crime, etc., as indicated in the instant records and arguments, are determined as ordered by taking into account all of the sentencing conditions, such as the Defendant’s age

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