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(영문) 서울중앙지방법원 2020.10.23 2020고단5146

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 14, 2018, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

On June 25, 2020, at around 23:22, the Defendant, while under the influence of alcohol 0.195% in Gangnam-gu Seoul, driven the Cassatat 2.0 TDI motor vehicle in front and rear three meters in total.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Report processing table, notification on the results of drinking driving control, each photograph, CD; and

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (presidential records and one-time investigation reports);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for 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 of the provisional payment order was determined in consideration of all the circumstances, including the following: (a) the Defendant re-driving without being aware of the history of being punished for drunk driving, and (b) the blood alcohol concentration is high, but the driving distance is very short.